G. Police-Arranged Identification Procedures

Question 1

What is required for admissibility of testimony about prior identification of D by photograph?*

Answer 1

Conducted pursuant to blind photo array

• Police conducting the photo array must NOT know identity/location of suspect
• OTHERWISE possible preclusion of photo identification as evidence-in-chief

Question 2

When may show-up identifications be allowed?*

Answer 2

1) Exigent circumstances
2) Immediate identification required

1) NO exigent circumstances
2) Spatially + temporally proximate to commission of crime
3) NOT unduly suggestive identification by Police

Question 3

What is required for admissibility of testimony regarding pre-trial (corporeal) lineup identification?*

Answer 3

NOT unduly suggestive identification by Police

• D bears burden of proving otherwise
• UNLESS P can prove independent source exists for W’s in-court identification

Reasonable
- P bears burden of proving

Question 4

What is required for admissibility of W’s testimony regarding in-court lineup identification?*

Answer 4

1) W observed D commit crime
2) W knows D is perpetrator based on present recollection
3) W must have subsequently identified D in properly conducted lineup/photographic identification

NOT unduly suggestive identification by Police

Question 5

What if W can NOT make in-court identification based on present recollection?

Answer 5

TP witness may establish W’s prior identification