Identifications

Question 1

When is a lineup, show-up, or photo identification inadmissible?

Answer 1

When the identification is unnecessarily suggestive and likely to produce an irreparable mistaken identification

Question 2

Factors for the totality of circumstances approach for admitting identifications

Answer 2

1- opportunity to view D at scene

2-witness’s degree of attention

3- accuracy of the witness;s description

4- degree of certainty of the witness

5- time interval between crime and the identification

Question 3

When does the right to counsel attach?

Answer 3

upon the start of adversary proceedings

***if lineup occurs after formal charges, D has right to an attorney

Question 4

When can a previously inadmissible out-of-court identification still be admitted?

Answer 4

If the witness makes an in-court identification and the prosecution can show w/ clear and convincing evidence that the subsequent identification was purged