Page 57 - Original 2020 Legal Guide By Jack Ryan

Task: Show-Up Identification

Neil v. Biggers, 409 U.S. 188 (1972).

Police officers may conduct “on-scene” or “show-up” identifications

notwithstanding the fact that they are considered inherently

suggestive.

Considerations in Overcoming Suggestiveness:

• See General Considerations on identification

• Witness should be brought by suspect to avoid appearance of

arrest.

• Staging of suspect should avoid appearances of arrest.

• Statements of officers should not give appearance of guilt.

©2020 Jack Ryan Legal & Liability Risk Management Institute 56