NCJ Number
116471
Date Published
1989
Length
10 pages
Annotation
Pretrial suspect identification procedures such as line-ups, fingerprinting, photographing, dental examination, spectrographic voice exemplars, footprint comparison, and other examinations of the accused have all been challenged under one or more of four constitutional provisions.
Abstract
These investigative procedures have been challenged as violating 4th amendment unreasonable search provisions, 5th amendment self-incrimination provisions, 6th amendment right to counsel provisions, and 14th amendment due process provisions. If there is a legal arrest, courts have held that suspect fingerprinting and photographing do not violate self-incrimination or unreasonable search provisions. Although the line-up and showup have been challenged under 5th, 6th, and 14th amendment provisions, only the latter 2 challenges have met with any success. The accused should be permitted to have counsel present at post-indictment lineups. If counsel is not present or not properly waived, the burden of proof is on the prosecution to show that the procedure did not influence in-court identification. Counsel generally is not required at the pre-indictment confrontation for identification. If the line-up or other confrontation is so suggestive as to cause a substantial likelihood of irreparable misidentification at trial, the in-court identification probably will be successfully challenged on due process grounds. Pretrial photographic identification procedures also may be condemned if they are so suggestive as to cause the witness to misidentify the accused at trial. Courts have been almost unanimous in holding that dental examination and reasonable examination of the accused's body for evidence do not violate the fourth or fifth amendments. 17 footnotes.