Pretrial Identification

Question 1

What are the substantive bases for attacking a pretrial identification?

Answer 1

(1) 6A right to counsel for any post-charge lineup/showup

(2) due process violation where unnecessarily suggestive and substantial likelihood of misidentification

Question 2

Can a defendant refuse to participate in a line-up on the basis of their 5A privilege against self-incrimination?

Answer 2

No – not a compulsion to give testimonial evidence

Question 3

What is the remedy for unconstitutional identifications?

Answer 3

Exclusion of the in-court id unless there is an independent source (usually adequate opportunity to observe at the time of the crime)