Pretrial Identification

Question 1

A suspect has a right to the presence of an attorney at any ______________ line-up or showup.

Answer 1

post-charge

Question 2

Does the accused have a right to counsel at photo identifications?

Answer 2

no

Question 3

Does the accused have a right to counsel when the police take handwriting exemplars?

Answer 3

no

Question 4

Does the accused have a right to counsel when the police take fingerprints from the defendant?

Answer 4

no

Question 5

When can a defendant challenge the constitutionality of an identification?

Answer 5

when it is 1) unnecessarily suggestive; or 2) there is a substantial likelihood misidentification.

Question 6

What is the remedy for unconstitutional out-of-court identifications?

Answer 6

exclusion of the in-court identification

Question 7

When can a witness make an in-court identification despite an unconstitutional out-of-court identification?

Answer 7

where the witness had the opportunity to identify the defendant from an independent source.

Question 8

What is the most common independent source for a witness’s identifying the defendant?

Answer 8

when the witness observes the defendant at the time of the crime.