What is the test for exclusion of evidence for abuse of abuse of physical characteristics?

We review the district court's decision to exclude evidence for an abuse of discretion. United States v. Tham, 960 F.2d 1391, 1397 (9th Cir.1991); United States v. Walitwarangkul, 808 F.2d 1352, 1353 (9th Cir.), cert. denied, 481 U.S. 1023 (1987). ¹

A physical characteristic relevant to identification is non-testimonial evidence which a defendant may display to the jury without forgoing his Fifth Amendment right not to testify. United States v. Bay, 762 F.2d 1314, 1315-16 (9th Cir.1984). The defendant must lay a proper foundation for presenting such evidence to the jury. See id. at 1317 (remand required to allow the defendant an opportunity to lay a foundation for displaying to the jury the tattoos on his hands because the foundation issue was never reached at trial).