1. Chapter Ten – Lineups and Other Means of Pretrial Identification
Rolando V. del Carmen

2. Lineups and Other Means of Pretrial Identification
The Right to Counsel during Lineups
No right to counsel prior to a formal charge
Kirby v. Illinois (1972)
Right to Counsel Applies After Formal Charge
The Wade-Gilbert Rule: rule that a suspect formally charged with a crime has a Sixth Amendment right to an attorney at lineup.

3. Lineups and Other Means of Pretrial Identification
The Right to Counsel during Lineups
The role of the lawyer during the lineup
There is no right to counsel when the prosecution seeks to identify the accused by displaying photographs to witnesses prior to trial. United State v. Ash (1973)

4. Lineups and Other Means of Pretrial Identification
The Right to Due Process Applies
Identification procedures must be fair. To determine whether the procedure was fair, courts consider all the circumstances leading up to the identification. Courts will find unfairness only when, in the light of all such circumstances, the identification procedure is so suggestive as to give rise to a real and substantial likelihood of irreparable misidentification. The courts will most likely take the following factors into account: (1) the witness’s opportunity to view the criminal at the time of the crime, (2) the witness’s degree of attention at that time, (3) the accuracy of any prior description given by the witness, (4) the level of certainty demonstrated by the witness at the identification, and (5) the length of time between the crime and the identification.Neil v. Biggers (1972)

5. Lineups and Other Means of Pretrial Identification
No Right against Unreasonable Searches and Seizures
The removal of blood from a suspect without his or her consent to obtain evidence is not a violation of any constitutional rights, as long as the removal is done by medical personnel using accepted medical methods.Schmerber v. California (1966)
No Right against Self-Incrimination
Does not extend to physical self-incrimination

6. Lineups and Other Means of Pretrial Identification
Showups
Right to Counsel
No Right to Counsel Prior to the Filing of a Formal Charge
Right to Counsel Applies After Formal Charge
Right to Due Process Applies
Holding the showup of a suspect in a hospital is valid when the only living eyewitness is in danger of dying.Stovall v. Denno (1967)
No Right against Self-Incrimination

7. Lineups and Other Means of Pretrial Identification
Photographic Identifications
No Right to Counsel
Right to Due Process Applies
Simmons v. United States (1968)
Manson v. Brathwaite (1977)
No Right against Unreasonable Searches and Seizures
No Right against Self-Incrimination

8. Lineups and Other Means of Pretrial Identification
Table 10.1 Summary of Eyewitness Identification and Suspects’ Constitutional Rights
Right to Counsel?
Right to Due Process?
Right against Unreasonable Search and Seizure
Right against Self-Incrimination
Lineups
Yes: if formal charge
No, if no
formal charge
Yes No
Showups
Photographic Identification

9. Lineups and Other Means of Pretrial Identification
Problems with Eyewitness Identification
“Hopelessly Unreliable”
No Prescribed Guidelines

10. Lineups and Other Means of Pretrial Identification
Other Means of Identifying Suspects
Polygraph Examinations: Results Not Admissible in Court
A prohibition against the admissibility in court of polygraph evidence in favor of a defendant does not violate his or her constitutional right to present a defense. United States v. Scheffer (1998)

11. Lineups and Other Means of Pretrial Identification
Other Means of Identifying Suspects
Breathalyzer Tests: Results Admissible
Handwriting Samples: Results Admissible
United States v. Mara (1973)
Hair Samples: Results Admissible