Identifications

Question 1

basis used to attack pre-indictment IDs

Answer 1

DP standard
if unnecessarily suggestive and
likely to produce an irreparable mistaken ID

Question 2

if OOC pre-indictment ID is not allowed, can an in-court ID be made?

Answer 2

nope

Question 3

basis to attack post-indictment IDs

Answer 3

right to counsel
attaches upon start of adversary proceedings- indictment counts
-post indictment, D has rt to have counsel present at lineups

Question 4

if OOC post-indictment ID is not allowed, can in-court ID be made?

Answer 4

yep, if pros can show it stemmed from an independent, purging source