Identification Procedures Flashcards
1
Q
Types of Identification Procedures
2
A
(1) Photo Arrays
(2) Line ups
2
Q
Photo Arrays
A
Neither D nor their lawyer has right to be present, but police must turn over the array to D
3
Q
Pre-Indictment Line Ups
A
D has no right to have counsel present
4
Q
Post-Indictment Line Ups
A
D has right to have COUNSEL PRESENT
5
Q
Line Up Evidence at Trial
A
If D moves to suppress the line up evidence, court will consider whether the lineup was IMPERMISSIBLY SUGGESTIVE
6
Q
In-Court Identification
A
Prosecution must establish by CLEAR AND CONVINCING EVIDENCE that witness would have identified D even without the suggestive line up
