MCOLES Law on Suspect Identification
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What are the three Identifacation methods recognized by the courts?
- Corpeal Lineups
- Photo Displays
- Show Ups
What are Corpeal Lineups?
Police ID procedure by which the suspect in a crime is sxhibited in person before the victim or witness to determine if he or she committed the offense.
Does a person currently in custody have the right to counsel at Corpeal Lineup?
Yes, the person should be advised of this right and counsel should be encouraged.
Does the right against self incrimination apply to Corpeal Line ups?
How is fairness and suggestibility of a Corpeal Lineup determined by the courts?
It is determined by the Totality of Circumstances
Photo Lineups/ Photo Dispalys
Suspect in custody
- In custody suspects have same right to counsel at a photo lineup/display
- This type of lineup should not be used if the suspect is in custody as they are inferior to corpeal lineups
- There are some exemptions to this rule:
- -It is not possible to arrange this type of line up
- -Nature of the case rewuires immediate ID
- -Witnesses are very distant from the accussed
- -Subject in custody refuses to participate or acts to destroy the value of the lineup
- -Protection of a child of tender years
Show ups are one on one confrontations done either physically or by photograph
- Considered to be highly suggestive and are likely to cause misidentification. Should not be used except in emergency conditions or through one of the following exemptions:
- -Permits police to decide whom to arrest
- -Prompt ID may exculpate an innocent person
A LEO can conduct a Show up ID without counsel promptly after the crime.
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