Court : US Supreme Court
..... as the court recognizes, a pre- stovall identification obtained as a result of an unnecessarily suggestive showup may still be introduced in evidence if, under the "totality of the circumstances," the identification retains strong indicia of ..... part, as discussed above, we think the district court focused unduly on the relative reliability of a lineup as opposed to a showup, the issue on which expert testimony was taken at the evidentiary hearing. ..... 2244(c) and thus barred further review of the showup identification in a federal habeas corpus proceeding, the district court, noting that a lineup is relatively more reliable than a showup, held that the confrontation here was so suggestive as to violate due ..... addresses the merits and delves into the factual background of the case to reverse the district court's finding, upheld by the court of appeals, that, under the "totality of the circumstances," the pre- stovall showup was so impermissibly suggestive as to give rise to a substantial likelihood of misidentification. ..... the police asserted that they used the showup technique because they had difficulty in finding for a lineup other individuals generally fitting respondent's description as given by the ..... to the united states court of appeals for the sixth circuit syllabus respondent was convicted of rape on evidence that consisted in part of testimony concerning the victim's visual and voice identification of respondent at a station-house showup that occurred seven months after the rape. .....
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..... in the present case, we are asked to extend the wade-gilbert per se exclusionary rule to identification testimony based upon a police station showup that took place before the defendant had been indicted or otherwise formally charged with any criminal offense. ..... 263 (1967), it was constitutional error to admit shard's testimony that he identified petitioner at the pretrial station house showup when that showup was conducted by the police without advising petitioner that he might have counsel present. ..... because the admission of shard's testimony about his showup identification thus requires reversal, there is no need for me to consider whether a remand would otherwise be necessary to afford the state an opportunity to demonstrate that shard's in-court identification of petitioner, if that is what it was, see ante at 406 u. s. ..... 705 about his identification of petitioner at the police station showup, the exclusionary rule of gilbert, 388 u.s. ..... justice rehnquist, concluded that a showup after arrest, but before the initiation of any adversary criminal proceeding (whether by way of formal charge, preliminary hearing, indictment, information, or arraignment), unlike the post-indictment confrontations involved in gilbert and wade, is not a criminal ..... this showup was particularly fraught with the peril of mistaken page 406 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... reviewing a number of its cases, the court of appeals for the district of columbia circuit concluded several years ago that while showups occurring up to perhaps 30 minutes after a crime are generally permissible, one taking place four hours later, far removed from the crime scene, was not. ..... he pointed out that well known federal judges have taken the position that "evidence of, or derived from, a showup identification should be inadmissible unless the prosecutor can justify his failure to use a more reliable identification procedure." id. ..... indeed, the ali model code of pre-arraignment procedure 160.1 and 160.2 (1975) (hereafter model code) frowns upon the use of a showup or the display of only a single photograph. ..... biers, supra, decided in 1972, concerned a respondent who had been convicted in a tennessee court of rape, on evidence consisting in part of the victim's visual and voice identification of biggers at a stationhouse showup seven months after the crime. ..... 115 , further investigation without resort to a photographic showup was easily possible. ..... " the "admission of evidence of a showup, without more, does not violate due process. ..... she had made no identification of others presented at previous showups, lineups, or through photographs. ..... [ footnote 2/6 ] "the showup itself consisted of two detectives walking respondent past the victim. ..... inadequate efforts were made to secure participants for a lineup, and there was no pressing need to use a showup. .....
Tag this Judgment!Court : US Supreme Court
..... notwithstanding the improper procedure, the victim s identification was reliable: she saw her assailant for a considerable period of time under adequate light, provided police with a detailed de- scription of her attacker long before the showup, and had no doubt that the defendant was the person she had seen. id. ..... for the majority, the fact that the police did not intend that showup, even if they inadvertently caused it in the course of a police procedure, ends the inquiry. ..... , at 110, the court held in biggers that law enforcement s use of an unnecessarily suggestive showup did not require suppression of the victim s identification of her assailant. ..... the vast majority of eyewitness identifications that the state uses in criminal prosecutions are obtained in lineup, showup, and photograph displays arranged by the police. ..... both ignore a key premise of the brathwaite decision: a primary aim of ex- cluding identification evidence obtained under unnecessarily suggestive circumstances, the court said, is to deter law enforcement use of improper lineups, showups, and photo arrays in the first place. ..... blandon witnessed what amounted to a one-person showup in the parking lot, perry asserted, which all but guaranteed that she would identify him as the culprit. id ..... [i]f a constitutional violation results from a showup, it occurs in the courtroom, not in the police station ) ..... although the police-arranged showup was undeniably suggestive, the court held that no due process violation occurred. id .....
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..... " watkins' counsel cross-examined the officer about both the showup and the lineup and, through him, introduced pictures of the lineup. ..... " [ footnote 1 ] the court also found that admission of neither the lineup nor the showup evidence at the state trial had violated constitutional standards. ..... 293 , as authority for holding that, "[g]iven the seriousness of the wounds to donald goeing, a showup was necessary in this case. ..... watkins' counsel, however, cross-examined both men at some length about both the lineup and showup. ..... they both identified watkins as goeing's assailant, but were not asked by the prosecution about the lineup or the showup. .....
Tag this Judgment!Court : US Supreme Court
..... plainly, here, however, the highly suggestive atmosphere that had been generated by the manner in which this showup was arranged and conducted could not have failed to affect mrs. ..... of course, due process is not always violated when the police fail to assemble a lineup but conduct a one-man showup. .....
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..... [ footnote 9 ] the court rather narrowly defined the issues under consideration: "the pretrial confrontation for purpose of identification may take the form of a lineup, also known as an 'identification parade' or 'showup,' as in the present case, or presentation of the suspect alone to the witness, as in stovall v. .....
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..... gilbert at the showup. . . . .....
Tag this Judgment!Court : US Supreme Court
..... [ footnote 8 ]" the pretrial confrontation for purpose of identification may take the form of a lineup, also known as an "identification parade" or "showup," as in the present case, or presentation of the suspect alone to the witness, as in stovall v. .....
Tag this Judgment!Court : US Supreme Court
..... 220 (1977) (one-person showup at a hearing, which combined the functions of a preliminary arraignment and preliminary examination, that was adversary in nature and at which the accused was entitled to move for suppression of evidence and dismissal of charges). .....
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