The following excerpt is from U.S. v. Cardenas-Villalba, 872 F.2d 431 (9th Cir. 1988):
In order to admit statements under 801(d)(2)(B) there must be evidence that the statement was made in the defendant's presence and hearing, that the defendant actually understood what was said, that a normal person would respond to the statement and that there was an opportunity to deny it. United States v. Monks, 774 F.2d 945, 950 (9th Cir.1985). The jury is then responsible for determining whether the defendant actually heard, understood and acquiesced in the statement. Id. We review the admission for an abuse of discretion. Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.