What is the difference between a line-up, a show-up and a photo array?
Line Up
Witness asked to ID suspect from group
Show Up
One on one meeting between witness and suspect
Photo array
Witness is shown series of photos to ID suspect (who is not present)
Is there a Fifth Amendment right to counsel at pretrial IDs?
No
At what two pretrial IDs is there a Sixth Amendment right to counsel and only when?
Line-ups and show-ups, after formal charging
When does a pretrial ID violate due process?
When it is so unnecessaraily suggestive that it creates a likelihood of misidentification
When will an in court ID still be allowed, even in the face of an unconstitutional pretrial ID?
Prosecution shows there is an indepedent source for the ID
In what two instances is there no requirement for a pre-trial hearing?
- Grand jury issued the indictment
- Magistrate issued an arrest warrant