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Flashcards in Lineup Law Deck (7)
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Lineup Rule

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


When right to have lawyer present during lineup arises

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


Photographic Lineup

  • no right to lawyer at showing of photographs


Lineup Waiver

Can be waived by D


Suggestiveness of Lineups

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


Suggestiveness Standard

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


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

  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"