Officer Gray Was Investigating a Case Involving a Serial Rapist

Multiple Choice

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) Yes, lineups in which the participants do not look similar are unduly suggestive.
B) Yes, the Fourth Amendment mandates that lineups be composed of at least six individuals.
C) No, Due Process mandates that Officer Gray make a good faith effort to find similar appearing individuals but there is an exception for cases where the suspect has unusual physical characteristics.
D) No, the Equal Protection Clause's mandate that officers avoid racial discrimination was satisfied.