Identifications -- Admissibility

Answer -- see the question below

I seldom discuss ID's because it's rare to have a situation where an (in-court) ID is prohibited based on suggestivity.

First, let me suggest that you look at the Identification chapter -- right after the statements chapter in the book. You will quickly see your question answered.

Second, let me say that when I do discuss this issue, it is with the same fact situation -- except that the guy I'm playing pool with is my brother( for exaggeraged purposes).

The officers show me one picture -- of my brother -- I ID him. Should I be able to ID him in court? Yes.

Now how the law works -- basically if the the ID is unduly suggestive, the ID will not be permitted to be testified to in court. However, if there is an "independent basis" i.e. if the in-court ID is "reliable" -- the victim will be permitted to ID the defendant in court. Reliability factors relate to questions like how well did the witness / victim see the suspect and how sure the witness / victim is of the identification.

Most people who have seen the studies in this area believe that eyewitness identifications are not as good as once thought.
Best -

DA

Question I was asked by another Lt on the department about this incident. Officers responded to an aggravated battery call. The suspect had left the area. The victim claimed to know the suspect from playing pool together and other things. The victim knew the suspects first name and knew the last name started with a “B.” The victim gave officers an address where he thought the suspect lived. The officers did some investigating and found a subject who had been arrested at this address in the past with the same first name, last name starting with a “B”, and similar physical characteristics. Instead of creating a photo lineup, the officers then pulled up a mug shot of this subject on the in-car computer and showed it to the victim who subsequently identified the suspect as the one who battered him. The question is, will there be any problems with this ID or issues since the victim didn’t know the last name, etc. Anything or any thoughts you have would be greatly appreciated. Thanks in advance for your time.
I seldom discuss ID's because it's rare to have a situation where an (in-court) ID is prohibited based on suggestivity.