Lineup Law

Question 1

Lineup Rule

Answer 1

• D has sixth amendment right to lawyer present at lineup or show-up if it is conducted after judicial proceedings have begun.

Question 2

When right to have lawyer present during lineup arises

Answer 2

1. not triggered by Ds arrest, arrest not far enough along
2. Likely triggered after indictment

Question 3

Photographic Lineup

Answer 3

• no right to lawyer at showing of photographs

Question 4

Lineup Waiver

Answer 4

Can be waived by D

Question 5

Suggestiveness of Lineups

Answer 5

1. D has due process right to have procedure not be extremely suggestive.
2. applies even where right to counsel does not.

Question 6

Suggestiveness Standard

Answer 6

• was procedure so suggestive that it created high likelihood that witness will erroneously identify D as perpetrator?

Question 7

Effect of Prosecution’s violation of D’s right to counsel/right to a non-suggestive lineup

Answer 7

1. If witness IDs D at procedure conducted in violation of either of the 2 lineup rules:
   
   1. prosecution cannot present any testimony about the bad lineup
   2. BUT, victim can still make an in-court ID if prosecution establishes that V is making ID from memory of the crime and not based on lineup
      
      1. called “independent source”