You are here:

Criminal Law/Requirements to participate in a live line up

Advertisement

Expert: Robin Sexton - 1/8/2010


Question
If an eyewitness does not make a positive eyewitness identification against a suspect when they are shown a photo array containing a particular suspect does that eyewitness qualify to participate in the live lineup that is conducted for that suspect to make a positive identification?


Answer
Corey,

Yes the person would qualify however the fact that they failed to identify them in a photo lineup would be brought up by the defense.  The reason is that the photo lineup may not have been a "fair" representation of the suspects actual appearance.  The photo may have been old or the person may have seen him at a different angle. Has happened to me before.

Hope this helps

robin

Criminal Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Robin Sexton

Expertise

Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.

Experience

Member of the Michigan State Police for over 30 years. Over 20 years as a Detective. Conducted numerous investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment. Majority of career has been spent in rural areas of Michigan

Education/Credentials
Bachelor of Science degree. Long list of professional training

©2012 About.com, a part of The New York Times Company. All rights reserved.