Page 55 - North Carolina 2020 Legal Guide

Task: Identification Generally

While the U.S. Supreme Court has not yet recognized a requirement, many
states and some circuits now require or strongly suggest that photo

identifications should be done as a “double-blind sequential” whereby an

uninvolved officer who does not know which photo is the suspect presents the
witness with one photo at a time as dealing from a deck of cards thus disabling

the witness from comparing six photos at once and selecting the one that looks

most like the involved criminal.

See e.g. United States v. Ford, 683 F.3d 761 (7th Cir. Ill. 2012).

Note: A recent USDOJ study from January 2018 indicates that simultaneous

(6-Pack) is not more suggestive than sequential administration and that most

important factor is level of confidence of the eyewitness in their identification.

See: https://www.justice.gov/file/923201/download

©2020 Jack Ryan Legal & Liability Risk Management Institute 54