Exam 16: Identification Procedures

A photographic lineup consists of a group of pictures which the eyewitness is asked to look at and tell the officer if the suspect is in the group.

The people who are placed in a lineup should look sufficiently alike so that no one stands out as the person suspected of committing the crime.

The Due Process standard for lineups and showups is the same.

A showup is most likely to be conducted in the field because:

Jack was on trial for the murder of Kim's husband. Kim, who was present when her husband was shot, testified at the trial: Prosecutor: Were you present when your husband was shot? Kim: Yes, I was about three feet from him. I'll never forget it. Prosecutor: Do you think you can identify the person who shot your husband? Kim: Yes, he's sitting over there, at the table with the sign that says Defense. Prosecutor: Are you positive? Now I know you picked him out of a lineup, but the judge has ruled that the lineup was not conducted properly. So I just want to make sure you are not thinking about the lineup. Kim: Oh, I know it's him. At the lineup I looked at his face and I was sure he was the man I saw shoot my husband. But I just noticed that tattoo on his neck. I've never seen a tattoo like that except the one on the man who was shooting my husband. So I'm sure it was him. Did Kim's testimony violate Jack's rights?

What rule will be applied by the appellate court to decide if a case should be reversed when a witness who viewed a lineup that violated Due Process made an in-court identification of the defendant during trial?

Does the Fifth Amendment apply to showups, lineups, and photographic lineups?  Explain.

Officer Gray was investigating a case involving a serial rapist. When DNA tests came back from the lab, Officer Gray realized that Hal, who was in the county jail awaiting trial on unrelated charges, was the prime suspect. He looked through booking photos but had trouble finding men who were similar because Hal was 6' 10" tall and weighed 180 pounds. He decided to use four men who were about Hal's age and the same ethnicity as Hal. Officer Gray intentionally did not notify Hal's attorney that the lineup was being conducted. Officer Gray asked jail staff to bring Hal and the four other men to the viewing room. All of them were wearing jail uniforms. Officer Gray then allowed the victims, who had been chatting in the coffee room, to view the lineup. Officer Gray asked each of the men to put on a jacket that was found at the scene of one of the rapes. Hal was the only one who was able to do so; the jacket was much too small for the other men. The victims stood close together, and as soon as one indicated that Hal was the rapist the others agreed. Did the line-up violate Hal's rights because of the inmates Officer Gray chose to participate?

A suspect has the right to have an attorney present:

A lineup violates Due Process if:

Define showup, lineup and photographic lineup.Indicate what level of proof the police must have to detain someone to participate in each.

Which of the following statements is true?

What can police ask participants to do at a lineup without violating their Fifth Amendment rights?

Dan called the police and told the 911 operator that a man just stole his wallet and ran east on Main Street. Officer Ewing was immediately dispatched to the location. He saw a man in a warm-up suit running east on Main Street about three blocks from where Dan reported the theft occurred. Officer Ewing transported Fred, the man he saw running, to where Dan was waiting. Dan asked to have Fred turn sideways so he could see his profile. As soon as Fred turned, Dan said, "That's him!" Did Fred have the right to have an attorney present at the showup?

A person who has been detained based on reasonable suspicion can be required to participate in a showup that is held at the location where he/she was stopped.

Dan called the police and told the 911 operator that a man just stole his wallet and ran east on Main Street. Officer Ewing was immediately dispatched to the location. He saw a man in a warm-up suit running east on Main Street about three blocks from where Dan reported the theft occurred. Officer Ewing transported Fred, the man he saw running, to where Dan was waiting. Dan asked to have Fred turn sideways so he could see his profile. As soon as Fred turned, Dan said, "That's him!" Did Officer Ewing violate Fred's rights when he had him turn sideways so Dan could see his profile?

A suspect has the right to have an attorney present during a showup:

If a person viewed a lineup that violated Due Process, the trial court will hold a hearing to decide whether the person should testify at trial. The decision will be based on:

A person who attended a lineup that was conducted in an unconstitutional manner may not testify at trial.

When a suspect exercises his/her Sixth Amendment right to have an attorney present during a lineup, the attorney can: