7/5/2023 0 Comments Six pack photo police![]() 2d 619 ).By JAKE BLEIBERG and REBECCA BOONE (Associated Press)ĪLLEN, Texas (AP) - A gunman stepped out of a silver sedan and started shooting people at a Dallas-area outlet mall Saturday, killing eight and wounding seven others - three critically - before being killed by a police officer who happened to be nearby, authorities said.Īuthorities did not immediately provide details about the victims at Allen Premium Outlets, a sprawling outdoor shopping center, but witnesses reported seeing children among them. However, a defendant does have the right to show to the judge and jury any photographic evidence used in the case, to challenge the witnesses on cross-examination, and to argue to the judge or jury that the photo identification procedure was unduly suggestive and that any identification from it should be disregarded ( United States v. Nor does a criminal defendant have the right to a hearing, outside the presence of the jury, to make an attempt to block the presentation of photographic identifications ( Watkins v. ![]() ![]() To determine whether any identification is unduly suggestive and therefore inadmissible at trial, courts analyze seven factors, including the opportunity the witness had to view the suspect, the degree of attention the witness paid to the suspect, the accuracy of the witness's description before viewing the suspect or the suspect's photograph, the witness's level of certainty in identifying the suspect, and the length of time that elapsed between the crime and the witness's viewing of the suspect.Ī criminal defendant does not have the right to have an attorney present at a photographic lineup until after he or she is indicted or formally charged ( United States v. An in-person lineup is the live presentation of several persons, including the suspect, to the witness.Ĭourts examine all the circumstances surrounding an identification. A show-up is the exhibition of a particular criminal suspect to a victim or witness shortly after the crime occurred. Other procedures include show-ups and in-person lineups. The use of photographs in a criminal investigation is just one identification procedure used by police. In Manson, the Supreme Court ruled that using one photograph for the purpose of identifying a person as a criminal suspect is not unduly suggestive. In case of violent crime, for example, police may need to act swiftly and locate a particular suspect. In some cases officers may use only one picture of a suspect. For example, if police suspect a Caucasian male and a witness remembers seeing a blond, light-skinned male, the photo lineup will not consist of five pictures of dark-haired, dark-skinned males and one picture of the suspect.įor public safety reasons, police officers do not always take the time to arrange a photo lineup to show witnesses. ![]() Furthermore, to be effective, a photo lineup should contain pictures of persons who look similar to the suspect. Each photo lineup may contain as many as six or more photographs of different persons. Toward this end, they may ask a witness to look at more than one photo lineup containing the suspect to see if the witness can identify the suspect more than once. Police officers typically avoid suggestive photo lineups because they are interested in apprehending the right person. If a photo lineup is unduly suggestive, any affirmative identification of a suspect may be excluded from her or his subsequent prosecution. That is, a photo lineup should not be conducted in such a way as to highlight the suspect and elicit an identification of the suspect. ![]() The Supreme Court has ruled that photo lineups should not be unduly suggestive ( Manson v. ![]()
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