Deck 16: Identification Procedures

Question 1

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.

Answer 1

True

Question 2

A suspect can be taken to the police station for a lineup if the police have probable cause to arrest that person.

Answer 2

True

Question 3

A suspect has a Sixth Amendment right to have an attorney present at a showup held prior to an arrest.

Answer 3

False

Question 4

The suspect can exercise his/her Fifth Amendment rights and refuse to participate in identification procedures.

Question 5

Lineups must be done under conditions (such as lighting) that replicate what the witness saw at the crime scene.

Question 6

The police have the right to stop any individual on the street and take him/her to the station to participate in a lineup.

Question 7

A suspect can invoke his/her Fifth Amendment rights as grounds to refuse to give a voice exemplar during a lineup.

Question 8

In-court identifications of the defendant are allowed only if the witness has previously identified the defendant as the perpetrator.

Question 9

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.

Question 10

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.

Question 11

There is no Sixth Amendment right to counsel at a photographic lineup.

Question 12

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

Question 13

A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing.

Question 14

Probable cause is required in order to conduct a photographic lineup.

Question 15

Only one lineup is allowed in a case.

Question 16

A lineup is a procedure where an eyewitness is allowed to view several people and is then asked if the person who committed the crime is in the group.

Question 17

Coaching witnesses at lineups violates the suspect's Due Process rights.

Question 18

A showup is a procedure where an eyewitness is shown the picture of a suspect prior to making an arrest.

Question 19

A witness can testify about selecting a person at a lineup only if he/she selected the defendant who is currently on trial.

Question 20

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

Question 21

If a lineup is held in a jail viewing room, the lighting should be:

A) At a normal daytime brightness
B) At a level similar to what the lighting was at the crime scene
C) Low so the viewers can see the suspects but the suspects cannot see the individuals viewing the lineup
D) At a level that is comfortable for the viewer

Question 22

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

A) Observe the lineup
B) Give the police instructions on how to conduct the lineup
C) Cross examine the eyewitnesses who viewed the lineup
D) The attorney can do all of these

Question 23

A suspect can invoke the Fifth Amendment as grounds to refuse to participate in:

A) Showup in the field
B) Lineup conducted at the station before the first court appearance
C) Lineup conducted at the station after the first court appearance
D) Suspect has no Fifth Amendment right to refuse to participate in any of these procedures

Question 24

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

A) Under all circumstances
B) Only for lineups held after arrest
C) Only for lineups held after arraignment
D) Never

Question 25

What is the lowest level of suspicion that must be present for the police to include a person's picture in a photographic lineup?

A) Police have the authority to include pictures in photographic lineups based on their subjective opinions
B) Reasonable suspicion
C) Probable cause
D) Proof beyond a reasonable doubt

Question 26

Due Process mandates that all of the participants in a lineup:

A) Have similar physical characteristics
B) Be under arrest
C) Have attorneys present
D) All of these are required to satisfy Due Process

Question 27

A suspect who is not present when the pictures are shown to the witness has the right to have an attorney present during a photographic lineup:

A) Under all circumstances
B) Only for photographic lineups conducted after arrest
C) Only for photographic lineups conducted after arraignment
D) Never

Question 28

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

A) Pose in a position similar to the way the suspect stood during the crime
B) Say what the robber said while committing the crime
C) Put on a jacket that was found at the crime scene
D) All of these can be done without violating the Fifth Amendment

Question 29

A suspect has the right to have an attorney present:

A) When a witness is asked to identify a suspect in court
B) During a lineup conducted after first court appearance
C) At a showup conducted  the day before the trial
D) There is a right to have an attorney present at all of these

Question 30

When a photographic lineup is done:

A) Only recent pictures of the suspect can be included
B) The suspect  has the right to be represented by an attorney
C) The suspect can have the identification declared inadmissible if the group of pictures that was used were unduly suggestive
D) The defense attorney has the right to preview the photos that will be used

Question 31

A lineup violates Due Process if:

A) It is held while the suspect is unconstitutionally detained
B) The suspect is denied his/her right to counsel
C) The procedure is conducted in a manner that is unduly suggestive
D) All of these would violate Due Process

Question 32

A photographic lineup:

A) Can only be done with pictures taken for use in photographic lineups
B) Can be done with high school yearbooks
C) Can only include individuals suspected of committing the crime
D) Should include all individuals suspected of committing in same crime

Question 33

When deciding if a showup held prior to arrest satisfies Due Process, the judge will consider:

A) Whether there was an emergency that justified conducting a showup instead of a lineup
B) Whether the eyewitness had a good opportunity to view the suspect while the crime was being committed
C) Whether there was probable cause to detain the suspect at the scene for the showup
D) All of these will be considered when evaluating Due Process

Question 34

What is the lowest level of suspicion that must be present for the police to take a person to the station to participate in a lineup?

A) Police have the authority to detain people to participate in lineups based on their subjective opinions
B) Reasonable suspicion
C) Probable Cause
D) Proof beyond a reasonable

Question 35

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

A) Under all circumstances
B) Only for showups held after arrest
C) Only for showups held after the first court appearance
D) Never

Question 36

Which of the following statements is true?

A) A showup in the field is the easiest procedure to conduct because only the suspect is involved.
B) A lineup held before trial is the easiest to conduct because the defense attorney will attend and correct any errors the police make
C) A lineup held after arrest is the easiest to conduct because the defense attorney must provide a list of instructions before the procedure starts.
D) A showup at the jail is the easiest procedure to conduct because there are plenty of individuals to use in the showup.

Question 37

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

A) A showup can be conducted even if there is no reasonable suspicion to detain the participants
B) Officers must have probable cause to transport a suspect to the station for a lineup
C) Once a suspect is taken to the station the suspect has a right to have an attorney present during identification procedures
D) The police department must pay transportation costs for individuals to come to the station to view a showup

Question 38

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?

A) Harmless Error Rule
B) Contemporaneous Objection Rule
C) Hearsay Rule
D) Fruit of the Poisonous Tree Rule

Question 39

What is the lowest level of suspicion that must be present for the police to detain a person in the field for a showup?

A) Police have the authority to detain people to participate in showups based on their subjective opinions
B) Reasonable suspicion
C) Probable cause
D) Proof beyond a reasonable

Question 40

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) Harmless Error Rule
B) Contemporaneous Objection Rule
C) Hearsay Rule
D) Fruit of the Poison Tree Rule

Question 41

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) Yes, the Fourth Amendment prohibits ordering the suspect to perform any type of movements unless the person is under arrest.
B) Yes, Due Process is violated when a the police ask a person to do any actions that are incriminating.
C) No, the Fifth Amendment only applies to testimonial communications.
D) No, the Sixth Amendment only applies after the first court appearance.

Question 42

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 having a showup instead of conducting a lineup violate Fred's rights?

A) Yes, the Fifth Amendment gives the suspect the right to choose between a showup and a lineup.
B) Yes, the Supreme Court ruled that showups are unconstitutional.
C) No, officers are allowed to conduct showups in the field immediately after a crime as long as there is reasonable suspicion to detain the suspect.
D) No, the fact that Fred was running from the scene made it legal to conduct a showup even though a lineup would normally have been mandated.

Question 43

Explain the Due Process standards that apply to showups, lineups and photographic lineups.

Question 44

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 Officer Gray's failure to notify Hal's attorney violate Hal's rights?

A) Yes, Hal has the right to have an attorney present during all police-related activities after he was arraigned.
B) Yes, the police conducted the lineup at a jail facility.
C) No, Hal had not been arraigned on the rape charges.
D) No, Hal did not request an attorney before the lineup began.

Question 45

Explain the following issues related to people who observe showups, lineups, and photographic lineups: actions of police and witnesses while observing the procedure; testimony in court regarding procedure; in-court identification of suspect.

Question 46

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?

A) Yes, a person who was at an improperly conducted lineup is not allowed to make an identification of the defendant in court.
B) Yes, the prosecution is not allowed to introduce any testimony about an improperly conducted lineup.
C) No, Kim is basing her in-court identification on a different factor than what she used to identify Jack at the lineup.
D) No, the prosecution is allowed to have witnesses identify Jack as long as the defense has the opportunity to cross examine them.

Question 47

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 way Officer Gray allowed the victims to view the lineup violate Hal's rights?

A) Yes, witnesses should view the lineup separately so they do not influence each other's identification of the suspect.
B) Yes, each witness should have viewed a lineup composed of different people.
C) No, the witnesses were not coached by Officer Gray.
D) No, the lineup was held before rape charges were filed against Hal.

Question 48

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 having Hal put on the jacket violate his rights?

A) Yes, Hal has a Fifth Amendment right not to do anything that was incriminating.
B) Yes, having the lineup organized so that only Hal would fit into the jacket violated Hal's Due Process rights.
C) No, everyone in the lineup was told to put the jacket on.
D) No, Hal's Fourth Amendment rights were not violated because the jacket was found during a legal search of the crime scene.

Question 49

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

Question 50

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 have the right to detain Fred for the purpose of having a showup?

A) Yes, there is an emergency exception to the Fourth Amendment that allows officers to stop individuals fleeing the scene of a crime.
B) Yes, a suspect has no Fourth Amendment right to refuse to participate in a showup.
C) No, Dan's description was too vague to establish reasonable suspicion to stop Fred.
D) No, a person may be detained for a showup only if there is probable cause to arrest him or her.

Question 51

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. Can Jack's defense attorney call a psychologist as an expert witness to testify about the fallacy of eye-witness identifications?

A) Yes, but only if the psychologist has treated Kim for post-traumatic stress disorder.
B) Yes, a psychologist who has studied problems with perceptions, memory, and the emotional state of witnesses can testify about possible errors made when identifying a suspect.
C) No, a psychologist would be allowed to testify only if he or she provided counseling for Kim immediately after her husband's death.
D) No, the defense can cross examine Kim but it is not allowed to call a psychologist to cast doubt on her testimony.

Question 52

Discuss the defendant's Sixth Amendment rights during showups, lineups, and photographic lineups.

Question 53

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) Yes, the suspect has the right to have an attorney present if the results can be incriminating.
B) Yes, a showup has been deemed a critical stage of the adjudication process.
C) No, there is no right to counsel at procedures performed outside of court.
D) No, the right to have an attorney present at a showup does not start until arraignment or indictment.

Question 54

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.

Question 55

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