Line Up Tentative Field Pdf For Free

Forcing the Issue. The police can typically force someone who has been arrested to participate in a lineup. Judges don't consider this a violation of the Fifth Amendment privilege against self-incrimination because, in a lineup, suspects don't provide "testimony." (United States v. Wade, 388 U.S. 218 (1967).)

There are two common types of lineups: simultaneous and sequential.

A lineup is a relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. The witness is then asked whether he can identify the perpetrator of the crime.

To accomplish this, law enforcement officers frequently use a line-up or show-up. A line-up can be conducted in person or by using a photo array. If done in person, a line-up involves presenting a series of people (typically six) who have similar physical characteristics to the suspect.

A person has a Sixth Amendment right to counsel at a lineup or showup undertaken "at or after initiation of adversary criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." Moore v. Illinois, 434 U.S. 220 (1977); Kirby v. Illinois, 406 U.S. 682, 689 (1972).

California Laws and Procedures on Police Lineups live lineup ? witness views suspect live with several similar looking people; photo lineup ? witness views only photos of suspects with other people; showups ? witness views just the suspect.

California Police Lineup Laws The thorough law enforcement procedure known as eyewitness identification, which includes police lineups, is widely accepted. The person who saw the crime committed is typically positioned behind a mirror during a police lineup so that only one direction can be seen.

Can I Have a Lawyer Present During a Police Lineup? The lineup must be free and fair. ... The police must not assist the eyewitness. ... A video record must be made. ... Fillers must be provided. ... Suspects are often required to be presented sequentially.