7) Identifications Flashcards
2 bases to potentially exclude:
1) due process
2) 6A RTC
due process: applies to
ALL types of IDs, at
ALL stages of investigation/prosecution
DP: BOP
D
DP: test
ID procedure used by gvt was
1) so unnecessarily suggestive, that
2) created irreparable risk of mistaken ID (ie unreliable)
then procedure violated DP, and ID can’t be used at trial
DP: factors: reliability
1) opportunity to view criminal at the scene
2) wit’s degree of attn
3) accuracy of wit’s description
4) degree of wit’s certainty
5) time interval btwn crime and identification (longer time = less reliable)
DP: exception
ok procedures inherently suggestive if NECESSARY UNDER THE CIRCS
(not exactly an exception bc it’s a balancing test aynway)
DP: result of excluding out of court ID
subsequent in-court ID by same wit will almost always be excluded as fruit of poisonous tree
6AM: scope
applies only if
1) out-of-court corporeal IDs (human in person) AND
2) only after initiation of formal adversarial process
6AM: rule
D may not be subjected to out-of-court corporeal ID unless either:
1) L is there, or
2) knowing + voluntary waiver
6AM rule: why L isn’t there
doesn’t matter, + police good faith doesn’t matter
6AM: results of violating lineup
1) results of lineup is per se inadmissible at trial
2) subsequent in-court ID also prohibited UNLESS:
P can prove (clear/convincing) that in-court ID is “independent” from out of court ID
6AM: results: how to know if in-court ID is independent from out of court?
look at same reliability factors as DP
also the more suggestive out of court ID was, more difficult it would be to prove dn taint subsequent in-court
if unlawful lineup and then conviction, on appeal must show
HARMFUL ERROR
