Police-Arranged Identification Procedures

Question 1

police-arranged ID procedures

Answer 1

includes
- line-ups
- photo identification
- etc

Question 2

due process clause (14A)

Answer 2

violated when a line-up is:
1. unnecessarily suggestive,
2. resulting in a substantial likelihood of misidentification

NOTE: If violated: identification is INADMISSIBLE @ trial

NOTE: absent improper police influence, an out-of-court identification is ADMISSIBLE

Question 3

independent source rule

Answer 3

an in-court identification is admissible @ trial (even if a line-up is tainted) when it’s:
- based on a W’s previous knowledge,
- trustworthy, AND
- based on a previous transaction (ie, the crime)

Question 4

right to counsel (6A)

Answer 4

a person has the right to counsel at a post-charge line-up
- NO right to counsel under 6A at a pre-charge line-up or photo-identification

Question 5

miranda rights (5A)

Answer 5

pre-trial identifications (line-ups, photo identifications), blood tests, fingerprints, and voice identifications are NOT protected by 5A
- a suspect in custody CANNOT refuse to participate in a line-up