Page 56 - Original 2020 Legal Guide By Jack Ryan
P. 56
Task: Identification Generally
Neil v. Biggers, 409 U.S. 188 (1972).
The issue with all identification procedures is that the conduct of the
police in conducting the procedures cannot be overly suggestive.
Considerations:
• Witness’ opportunity to view suspect at the time of the crime.
• Witness’ focus of attention at time of crime.
• Accuracy of witness’ description of suspect prior to identification
procedure.
• Level of certainty exhibited by the witness in making the
identification.
• The length of time that has passed between the crime and the
identification.
– Note-Police should articulate these points when documenting an
identification procedure.
©2020 Jack Ryan Legal & Liability Risk Management Institute 55
