United States v. Stephen Bryant Borrelli, 621 F.2d 1092 (10th Cir. 1980). · Go Syfert
United States v. Stephen Bryant Borrelli, 621 F.2d 1092 (10th Cir. 1980). Cases Citing This Book View Copy Cite
68 citation events (19 in the last 25 years) across 26 distinct courts.
Strongest positive: David Smith v. Cynthia Davis (ca6, 2024-07-31)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
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Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) David Smith v. Cynthia Davis
6th Cir. · 2024 · confidence medium
Cf. Moss v. Hofbauer, 286 F.3d 851, 862 (6th Cir. 2002) (finding identification reliable where the witness had previously seen the suspect on a daily 19 No. 23-3604, Smith v. Davis basis as a neighbor); Crozier, 259 F.3d at 511 n.2 (explaining that familiarity should operate as a sliding scale factor, because “the more familiar the person, the more reliable the identification”); Haliym, 492 F.3d at 706 (highlighting that the witness knew the suspect from four previous occasions); United States v. Beverly, 369 F.3d 516, 539 (6th Cir. 2004) (witness knew suspect “very well” and “would …
discussed Cited as authority (rule) State v. Gabriel
Haw. App. · 2022 · confidence medium
As for the element of "helpfulness," the Eighth Circuit Court of Appeals, like the Ninth Circuit, noted that: "A witness's opinion concerning the identity of a person depicted in a surveillance photograph is admissible if there is some basis for concluding that the witness is more likely to correctly identify the defendant from the photograph than is the jury." United States v. Farnsworth, 729 F.2d 1158, 1160 (8th Cir. 1984); see also United States v. Allen, 787 F.2d 933, 936 (4th Cir. 1986), cert. granted, judgment vacated on other grounds by 479 U.S. 1077 (1987); United States v. Barrett, 70…
discussed Cited as authority (rule) State v. Damian Sanchez (084104) (Camden County & Statewide)
N.J. · 2021 · confidence medium
The most common way in which a witness possesses the requisite familiarity that the jury cannot is “where the witness is familiar with the defendant’s appearance around the time the surveillance photograph was taken and the defendant’s appearance has changed prior to trial.” United States v. 7 Farnsworth, 729 F.2d 1158, 1160 (8th Cir. 1984) (admitting parole officers’ testimony identifying the defendant because he “had grown a full beard since the time of the robbery”); see also United States v. Towns, 913 F.2d 434, 445 (7th Cir. 1990) (the defendant had shaved the mustache featu…
discussed Cited as authority (rule) United States v. Rahman Fulton (2×)
3rd Cir. · 2016 · confidence medium
Because both women knew the defendant and his uncle, “they were able to provide the jury with helpful insight regarding the true identity of the man shown in the surveillance video and counter [the defendant’s] claim that the still photograph really depicted [his uncle].”); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir. 1980) (“Since Borrelli lived with his stepfather for five years and had moved only a few days prior to the robbery, his stepfather had independent knowledge of Borrelli’s appearance both before and at the time of the robbery. . . .
discussed Cited as authority (rule) People v. Thompson
Ill. · 2016 · confidence medium
See also United States v. Lucas, 898 F.2d 606, 610 (8th Cir. 1990) (defendant appeared clean-shaven at trial); Farnsworth, 729 F.2d at 1160 (defendant grew a full beard and on the day of robbery had worn a scarf over his face); Barrett, 703 F.2d at 1086 (defendant appeared clean-shaven at trial); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir. 1980) (defendant changed hairstyle and grew a moustache); Moreland, 53 A.3d at 455 (witness lost weight and exhibited physical signs of paralysis).
discussed Cited as authority (rule) People v. Thompson
Ill. · 2016 · confidence medium
See also United States v. Lucas, 898 F.2d 606, 610 (8th Cir. 1990) (defendant appeared clean-shaven at trial); Farnsworth, 729 F.2d at 1160 (defendant grew a full beard and on the day of robbery had worn a scarf over his face); Barrett, 703 F.2d at 1086 (defendant appeared clean-shaven at trial); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir. 1980) (defendant changed hairstyle and grew a moustache); Moreland, 53 A.3d at 455 (witness lost weight and exhibited physical signs of paralysis).
discussed Cited as authority (rule) ALONZO R. VAUGHN and CARL S. MORTON v. UNITED STATES
D.C. · 2014 · confidence medium
See Sanders, 809 A.2d at 593 n. 10 (allowing identifying testimony from defendant’s neighbor of twenty-five years, former boss, and ex-girlfriend, among others); see also, e.g., United States v. Jackman, 48 F.3d 1, 2 (1st Cir.1995) (allowing identifying testimony from defendant's ex-wife and two personal acquaintances); United States v. Stormer, 938 F.2d 759, 762 (7th Cir.1991) (allowing identifying testimony where witnesses were acquainted with defendants for several years); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980) (allowing identifying testimony from defendant's stepf…
discussed Cited as authority (rule) State v. Barnes
Idaho Ct. App. · 2009 · confidence medium
See, e.g., United States v. Ingram, 600 F.2d 260, 261 (10th Cir.1979) (defendant’s appearance had changed between time of the robbery and time of trial); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980) (defendant had changed hairstyle and grown a moustache); United States v. Barrett, supra at 1086 (defendant appeared clean-shaven at trial); United States v. Farnsworth, supra at 1160 (defendant had grown a full beard and the day of the robbery had worn a scarf over his face); United States v. Lucas, 898 F.2d 606, 6…
discussed Cited as authority (rule) United States v. Contreras
10th Cir. · 2008 · confidence medium
Although a change in appearance is one factor we take into account to determine if opinion identification testimony would be helpful to a jury, see United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980), it is not a necessary factor.
discussed Cited as authority (rule) Brown v. State
Wyo. · 2004 · confidence medium
See, for example, United States v. Rivera-Maldonado, 194 F.3d 224, 236-37 (1st Cir.1999); United States v. Stormer, 938 F.2d 759, 761-64 (7th Cir.1991); United States v. Jackson, 688 F.2d 1121, 1123-25 (7th Cir.1982), cert. denied, 460 U.S. 1043 , 103 S.Ct. 1441 , 75 L.Ed.2d 797 (1983); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980); Robinson v. People, 927 P.2d 381, 384 (Colo.1996) (collecting cases); and Brent G.
discussed Cited as authority (rule) Sanders v. United States
D.C. · 2002 · confidence medium
Farnsworth, supra, 729 F.2d. at 1160 (citations omitted). 13 See also United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir. *596 1980) (admitting identification testimony from stepfather where defendant had changed facial hair and hairstyle).
discussed Cited as authority (rule) Commonwealth v. Pleas
Mass. App. Ct. · 2000 · confidence medium
See, e.g., United States v. Ingram, 600 F.2d 260, 261 (10th Cir. 1979) (defendant’s appearance had changed between time of the robbery and time of trial); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 (1980) (defendant had changed hairstyle and grown a moustache); United States v. Barrett, supra at 1086 (defendant appeared clean-shaven at trial); United States v. Farnsworth, supra at 1160 (defendant had grown a full beard and the day of the robbery had worn a scarf over his face); United States v. Lucas, 898 F.2d 606, 610 (8th Cir.), cert. denied, 498…
cited Cited as authority (rule) Bennett v. State
Miss. Ct. App. · 2000 · confidence medium
U.S. v. Barrett, 703 F.2d 1076, 1086 (9th Cir.1983); U.S. v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980).
cited Cited as authority (rule) United States v. Card
D. Utah · 2000 · confidence medium
United States v. Ingram, 600 F.2d 260, 261-62 (10th Cir.1979); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980).
discussed Cited as authority (rule) Hardy v. State (2×)
Ala. Crim. App. · 1999 · confidence medium
United States v. Farnsworth, 729 F.2d 1158, 1160 (8th Cir.1984); see also United States v. Jackman, 48 F.3d 1, 4-5 (1st Cir.1995) (holding lay opinion identification testimony admissible `at least when the witness possesses sufficiently relevant familiarity with the defendant that the jury cannot also possess, and when the photographs are not either so unmistakably clear or so hopelessly obscure that the witness is no better-suited than the jury to make the identification'); United States v. Robinson, 804 F.2d 280, 282 (4th Cir.1986) (`A lay witness may give an opinion concerning the identity …
discussed Cited as authority (rule) United States v. Jackson
10th Cir. · 1998 · confidence medium
Federal Rule of Evidence 701 specifically provides that a lay witness may testify in the form of opinions or inferences when they are “(a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness’[s] testimony or the determination of a fact in issue.” A district court has “broad discretion to determine whether a lay witness is qualified under Rule 701 to testify on a matter of opinion.” United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir. 1980).
discussed Cited as authority (rule) United States v. Jay Van Jackson, Iii, AKA Little Jay, United States of America v. Paul Sheldon Cromartie, AKA Shy-Lo AKA Paul Miller
10th Cir. · 1998 · confidence medium
Federal Rule of Evidence 701 specifically provides that a lay witness may testify in the form of opinions or inferences when they are "(a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness'[s] testimony or the determination of a fact in issue." A district court has "broad discretion to determine whether a lay witness is qualified under Rule 701 to testify on a matter of opinion." United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980). 24 Courts have allowed drug dealers and drug users to give their opinion that certain substances …
discussed Cited as authority (rule) United States v. Pierce (2×)
11th Cir. · 1998 · confidence medium
United States v. Farnsworth, 729 F.2d 1158, 1160 (8th Cir. 1984); see also United States v. Jackman, 48 F.3d 1, 4-5 (1st Cir. 1995) (holding lay opinion identification testimony admissible “at least when the witness possesses sufficiently relevant familiarity with the defendant that the jury cannot also possess, and when the photographs are not either so unmistakably clear or so hopelessly obscure that the witness is no better-suited than the jury to make the identification”); United States v. Robinson, 804 F.2d 280, 282 (4th Cir. 1986) (“A lay witness may give an opinion concerning the …
discussed Cited as authority (rule) United States v. Pierce (2×)
11th Cir. · 1998 · confidence medium
United States v. Farnsworth, 729 F.2d 1158, 1160 (8th Cir.1984); see also United States v. Jackman, 48 F.3d 1, 4-5 (1st Cir.1995) (holding lay opinion identification testimony admissible "at least when the witness possesses sufficiently relevant familiarity with the defendant that the jury cannot also possess, and when the photographs are not either so unmistakably clear or so hopelessly obscure that the witness is no better-suited than the jury to make the identification"); United States v. Robinson, 804 F.2d 280, 282 (4th Cir.1986) ("A lay witness may give an opinion concerning the identity …
examined Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Carey Antonio PIERCE, Defendant-Appellant (4×)
11th Cir. · 1998 · confidence medium
United States v. Farnsworth, 729 F.2d 1158, 1160 (8th Cir.1984); see also United States v. Jackman, 48 F.3d 1, 4-5 (1st Cir.1995) (holding lay opinion identification testimony admissible "at least when the witness possesses sufficiently relevant familiarity with the defendant that the jury cannot also possess, and when the photographs are not either so unmistakably clear or so hopelessly obscure that the witness is no better-suited than the jury to make the identification"); United States v. Robinson, 804 F.2d 280, 282 (4th Cir.1986) ("A lay witness may give an opinion concerning the identity …
discussed Cited as authority (rule) United States v. Jackman
1st Cir. · 1995 · confidence medium
United States v. Arnold, 12 F.3d 599 (6th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 1328 , 127 L.Ed.2d 675 (1994); United States v. Stormer, 938 F.2d 759, 762 (7th Cir.1991) (four police officers’' testimony identifying former police officer as robber in surveillance photographs helpful where officers had worked with defendant for several years, photographs were of poor quality and robber wore baseball cap and hosiery pulled over face); United States v. Wright, 904 F.2d 403, 404-05 (8th Cir. 1990) (identification of defendant in bank surveillance photograph by law enforcement officers…
discussed Cited as authority (rule) United States v. Jackman
1st Cir. · 1995 · confidence medium
See United States v. ___ _____________ Farnsworth, 729 F.2d 1158, 1160 (8th Cir. 1984) ("A witness's __________ opinion concerning the identity of a person depicted in a surveillance photograph is admissible if there is some basis for concluding that the witness is more likely to correctly identify the defendant from the photograph than is the jury."); cf. United States v. LaPierre, 998 F.2d 1460 , 1465 ___ ______________ ________ (9th Cir. 1993) (excluding opinion testimony by investigating police officer identifying defendant in surveillance photograph because defendant's appearance had not …
discussed Cited as authority (rule) United States v. Sergio Garcia
10th Cir. · 1993 · confidence medium
A district court has “broad discretion to determine whether a lay witness is qualified under Rule 701 to testify on a matter of opinion.” United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited as authority (rule) United States v. Michael Hugaboom (2×)
10th Cir. · 1993 · confidence medium
Drug paraphernalia as well as several packets of a substance suspected to be methamphetamine were found at the residence. 4 Probable cause exists "where the facts and circumstances known to the police are sufficient in themselves to warrant a prudent officer in the belief that an offense has been or is being committed." United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980) (citing McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967)).
cited Cited as authority (rule) United States v. Kenneth Towns, Also Known as Kareem Allahdeem
7th Cir. · 1990 · confidence medium
See id.; United States v. Barrett, 703 F.2d 1076, 1086 (9th Cir.1983); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited as authority (rule) United States v. Shelton
D. Wyo. · 1990 · confidence medium
“Probable cause exists where the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable *1499 caution in the belief that an offense has been or is being committed.” Hansen, 652 F.2d at 1388 , citing Matthews, 615 F.2d at 1284 ; United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980).
discussed Cited as authority (rule) United States v. Kenneth L. Stanley
10th Cir. · 1990 · confidence medium
“The trial court has broad discretion to determine whether a lay witness is qualified under Rule 701 to testify on a matter of opinion.” United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited as authority (rule) United States v. James Earl Paiva
1st Cir. · 1989 · confidence medium
United States v. Burnette, 698 F.2d 1038, 1051 (9th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited as authority (rule) C. Itoh & Co. (America), Inc. v. M/V Hans Leonhardt
E.D. La. · 1989 · confidence medium
ACBL’s reliance on Joy Mfg Co. v. Sola Basic Industries, Inc., 697 F.2d 104 , 110-12 (3rd Cir.1982), and United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980), is misplaced because in those cases the witness had personal knowledge of the subject matter about which he was testifying.
discussed Cited as authority (rule) United States v. Lorenzo Allen, A/K/A Ren, United States of America v. Frances Sylvester Lindsey, United States of America v. Roger Lee Harrell, A/K/A Dubuck
4th Cir. · 1986 · confidence medium
See, e.g., Farnsworth, 729 F.2d at 1160 ; United States v. Barrett, 703 F.2d 1076, 1085-86 (9th Cir.1983); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited as authority (rule) United States v. Allen
4th Cir. · 1986 · confidence medium
See, e.g., Farnsworth, 729 F.2d at 1160 ; United States v. Barrett, 703 F.2d 1076, 1085-86 (9th Cir.1983); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited as authority (rule) United States v. Espinosa
10th Cir. · 1985 · confidence medium
We have held that probable cause exists "where the facts and circumstances known to the police are sufficient in themselves to warrant a prudent officer in the belief that an offense has been or is being committed." United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980); see also United States v. Salinas-Calderon, 728 F.2d 1298, 1300-01 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Espinosa
10th Cir. · 1985 · confidence medium
We have held that probable cause exists “where the facts and circumstances known to the police are sufficient in themselves to warrant a prudent officer in the belief that an offense has been or is being committed.” United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980); see also United States v. Salinas-Calderon, 728 F.2d 1298, 1300-01 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Carl Farnsworth
8th Cir. · 1984 · confidence medium
See, e.g., United States v. Barrett, 703 F.2d 1076, 1086 (9th Cir.1983); United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980); United States v. Brannon, 616 F.2d 413, 417 (9th Cir.), cert. denied, 447 U.S. 908 , 100 S.Ct. 2993 , 64 L.Ed.2d 858 (1980).
cited Cited as authority (rule) United States v. Gary E. Hansen, Daniel E. Means, AKA Daniel E. Johnson, and Stephen R. Bryant
10th Cir. · 1981 · confidence medium
Id. at 1284 ; United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.), cert. denied. 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 .
discussed Cited "see" Bivens v. Hargett
10th Cir. · 1999 · signal: see · confidence high
See United States v. Borrelli , 621 F.2d 1092, 1095-96 (10th Cir. 1980) (holding photo array was not impermissibly suggestive, and stating it was “noteworthy” that only two of the four eyewitnesses identified defendant from the photos); Hill v. Wyrick , 570 F.2d 748, 751-52 (8th Cir. 1978) (holding when witness was unable to identify petitioner from photo array it was not impermissibly suggestive, and a hearing was not constitutionally required).
discussed Cited "see" Christopher Bivens v. Steve Hargett
10th Cir. · 1999 · signal: see · confidence high
See United States v. Borrelli, 621 F.2d 1092, 1095-96 (10th Cir.1980) (holding photo array was not impermissibly suggestive, and stating it was "noteworthy" that only two of the four eyewitnesses identified defendant from the photos); Hill v. Wyrick, 570 F.2d 748, 751-52 (8th Cir.1978) (holding when witness was unable to identify petitioner from photo array it was not impermissibly suggestive, and a hearing was not constitutionally required). 26 So too, the magistrate judge's resolution of petitioner's claim regarding witness Teel's identification was proper.
cited Cited "see" United States v. Gore
10th Cir. · 1997 · signal: see · confidence high
See United States v. Borrelli, 621 F.2d 1092, 1095-96 (10th Cir. 1980). -3- States v. Moore, 487 F.2d 414, 416-17 (10th Cir. 1973).
cited Cited "see" United States v. Richard Lee Fowler
4th Cir. · 1991 · signal: see · confidence high
See United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.1980).
discussed Cited "see" United States v. Edwin Thomas Barrett
9th Cir. · 1983 · signal: see · confidence high
See United States v. Borrelli, 621 F.2d 1092, 1095 (10th Cir.) (lay-opinion identification admissible under Rule 701 where defendant’s appearance had significantly changed since time of robbery), cert. denied, 449 U.S. 956 , 101 S.Ct. 365 , 66 L.Ed.2d 222 (1980).
discussed Cited "see, e.g." United States v. Noah Beverly Johnny P. Crockett Douglas A. Turns
6th Cir. · 2004 · signal: see also · confidence low
See also United States v. Borrelli, 621 F.2d 1092 (10th Cir.1980) (holding that a trial court did not abuse its discretion by admitting into evidence identification testimony of defendant’s stepfather who recognized the defendant in a bank surveillance photo).
discussed Cited "see, e.g." United States v. Turns
6th Cir. · 2004 · signal: see also · confidence low
See also United States v. Borelli, 621 F.2d 1092 (10th whether an identification is reliable, even though an unduly Cir. 1980) (holding that a trial court did not abuse its suggestive identification procedure may have been used. discretion by admitting into evidence identification testimony These factors are: 1) the witness’s opportunity to view the of defendant’s stepfather who recognized the defendant in a criminal at the time of the crime; 2) the witness’s degree of bank surveillance photo). attention, 3) the accuracy of the witness’s prior description of the criminal; 4) the level …
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Stephen Bryant BORRELLI, Defendant-Appellant
79-1133.
Court of Appeals for the Tenth Circuit.
Jun 4, 1980.
621 F.2d 1092
Daniel J. Sears, Federal Public Defender, Michael G. Katz, Asst. Federal Public Defender, Denver, Colo., for defendant-appellant., Joseph F. Dolan, U.S. Atty., Susan R. Roberts, Asst. U.S. Atty., Denver, Colo., for plaintiff-appellee.
Seth, Holloway, Seymour.
Cited by 55 opinions  |  Published
SEYMOUR, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir. R. 10(e). The cause is therefore ordered submitted without oral argument.

[*1094] Stephen Bryant Borrelli was tried and convicted of bank robbery under 18 U.S.C. §§ 2 and 2113(a). On appeal, Borrelli contends that the trial court erred in (1) admitting evidence obtained as a result of his arrest by state police officers for aiding an escapee, (2) admitting the testimony of Borrelli’s stepfather regarding the similar appearance of Borrelli and the person depicted in surveillance photographs of the bank robbery, and (3) permitting the bank employees to identify Borrelli through an impermissibly suggestive photo array. These contentions are without merit, and we affirm the conviction.

During its investigation of a grocery store robbery, the police in Englewood, Colorado received a tip that the perpetrators were residing in a certain apartment. Upon police inquiry, the manager of the apartment complex said that the lessee was Borrelli. City and county police subsequently conducted a surveillance of the area and observed two men coming and going from the apartment. To ascertain their identity, the police directed a traffic stop of a vehicle in which the two men were traveling. During this stop, Borrelli correctly identified himself, but the other man provided the officers with a false name.

When the police subsequently determined that the second man was Gregory Thorpe, an escaped convict from state prison, Borrelli was arrested for the state offense of “aiding an escapee.” While Borrelli was in custody, the police photographed him and then questioned him regarding the escaped prisoner and his possible participation in the grocery store robbery. The police also questioned Borrelli regarding an armed robbery that had recently occurred at the Empire Savings and Loan Bank. After Borrelli was released, the police noticed a similarity between Borrelli’s arrest photograph and the person depicted in the surveillance photographs taken during the bank robbery. A photographic array which included Borrelb’s photograph was shown to bank employees. When two tellers positively identified Borrelli as one of the robbers, the F.B.I. arrested him for the bank robbery.

I.

Borrelli first contends that evidence obtained as a result of his arrest for aiding an escapee is inadmissible because it was impermissibly based upon information obtained as a result of an unlawful “traffic stop.” Therefore, he argues that the arrest photograph and various statements made to the police incident to the arrest should be suppressed. We disagree.

Since the traffic stop was made by state officers investigating a state offense, Colorado law governs the lawfulness of the traffic stop subject to the requirements of the Fourth Amendment. United States v. Lepinski, 460 F.2d 234 (10th Cir. 1972). A limited stop for the purpose of identifying a person does not violate the Fourth Amendment where the officer reasonably suspects that the person has committed a crime. Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971) . [1] And see Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972) . Reasonable suspicion may be based on information supplied by an informant. People v. Mathis, 189 Colo. 534, 542 P.2d 1296 (1975); People v. Lucero, 182 Colo. 39, 511 P.2d 468 (1973).

In this case, an informant who resided at the same apartment complex as Borrelli had told the police that the residents of apartment 228 were responsible for the grocery store robbery. At that point, it was the duty of the police to establish the identity of those men. Accordingly, we believe that the traffic stop solely for that purpose was based on a reasonable suspicion that the men had committed the grocery store robbery and did not constitute an unlawful seizure.

[*1095] Borrelli argues further that evidence obtained as a result of his subsequent arrest for assisting an escapee is inadmissible because the arrest was without probable cause. Probable cause for an arrest exists where the facts and circumstances known to the police are sufficient in themselves to warrant a prudent officer in the belief that an offense has been or is being committed. McCray v. Illinois, 386 U.S. 300, 87 S.Ct. 1056, 18 L.Ed.2d 62 (1967); People v. Pickett, 571 P.2d 1078 (Colo.1977). Thus, Borrelli’s arrest was valid if the officers’ information was sufficient to support a reasonable belief that Borrelli was “harboring” [2] Thorpe. The police had information that Thorpe was residing in Borrelli’s apartment. In fact, Borrelli was present in each instance in which Thorpe was observed. In view of this constant companionship, it may reasonably be inferred that Borrelli knew Thorpe was an escapee, particularly since Borrelli was present when Thorpe lied to police during the traffic stop.

We have reviewed the record, and we conclude that the evidence was sufficient to warrant the belief that Borrelli was harboring Thorpe. Therefore, we hold that the arrest was based on probable cause and the evidence obtained therefrom was properly admitted.

II.

Borrelli argues that the admission of his stepfather’s testimony regarding Borrelli’s resemblance to the subject of the bank surveillance photograph invaded the province of the jury. Rule 701 of the Federal Rules of Evidence permits lay opinion testimony if it is (1) rationally based on the perception of the witness and (2) helpful to the determination of a fact in issue. The trial court has broad discretion to determine whether a lay witness is qualified under Rule 701 to testify on a matter of opinion. Randolph v. Collectramatic, Inc., 590 F.2d 844 (10th Cir. 1979).

Since Borrelli lived with his stepfather for five years and had moved only a few days prior to the robbery, his stepfather had independent knowledge of Borrelli’s appearance both before and at the time of the robbery. Cf. United States v. Ladd, 527 F.2d 1341 (5th Cir. 1976) (witness who was independently familiar with defendant’s voice was permitted to identify voice on tape). In the seven months between the robbery and trial, Borrelli had significantly altered his appearance by changing his hairstyle and growing a moustache, thereby making it difficult for the jury to compare his appearance in court with the appearance of the man in the bank surveillance photograph. Because Borrelli’s stepfather was in a much better position than the jury to give an opinion as to the resemblance between Borrelli at the approximate date of the robbery and the man in the surveillance photograph, this is an instance where the opinion testimony was helpful to the jury in the determination of a fact in issue. Since the testimony was unquestionably rationally based on the perception of the witness, we hold that the trial court did not abuse its discretion by admitting it into evidence. See United States v. Murray, 523 F.2d 489 (8th Cir. 1975).

III.

Finally, Borrelli contends that the photographic array used for initial identification was tainted because the photographs depict persons of differing ethnic backgrounds and substantially diverse appearance so as to render the array improperly suggestive. A pretrial identification by photograph violates due process only if the “procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247 (1968). The different racial heritage of the men depicted in the array is irrelevant where, as here, five of the six men were very similar in appearance. Moreover, it is[*1096] noteworthy that only two of the four tellers who participated in this out-of-court identification procedure selected the photograph of Borrelli as the robber. Consequently, we cannot conclude that Borrelli was unfairly emphasized. Hill v. Wyrick, 570 F.2d 748 (8th Cir. 1978), cert. denied, 436 U.S. 921, 98 S.Ct. 2272, 56 L.Ed.2d 764 (1978). We hold that the photographic array was not impermissibly suggestive.

Affirmed.

1

. The “Stone” stop has been codified in Colo. Rev.Stat. § 16-3-103(1):

“A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name, address, and an explanation of his actions. The stopping shall not constitute an arrest.”
2

. Colo.Rev.Stat. § 18-8-201 prohibits the assisting of an escapee. “Assisting” is defined in Colo.Rev.Stat. § 18-8-105(2)(a) to include the act of “harboring” an escapee.