What must the defense establish to successfully suppress a suggestive identification? Use cases as examples.
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To successfully suppress a suggestive identification, the defense must establish that the identification procedure was so impermissibly suggestive that it created a substantial likelihood of misidentification. The defense needs to show that the identification itself was unreliable and therefore should be excluded as evidence. Here are a few examples of use cases where the defense might attempt to suppress a suggestive identification:
1. Eyewitness Misleading Suggestions: In a robbery case, the defense could argue that the identification procedure used by the police was suggestive. For instance, if the police only presented the suspect's photo to the eyewitness instead of utilizing a proper lineup, it may be deemed suggestive. The defense can then present evidence that the identification was likely influenced by the suggestive procedure and should be suppressed.
2. Show-Up Identification: If a witness is shown a single suspect soon after a crime occurs, it can be argued that this procedure is highly suggestive. For example, if a victim of a mugging is taken to the police station and presented with only one person, believed to be the suspect, for identification, the defense can argue that this show-up identification is suggestive and unreliable.
3. Cross-Racial Identifications: Research has shown that people may face difficulties accurately identifying individuals of a different race than their own. If an identification is made by a witness from a different racial background than the suspect, and it can be established that the identification was suggestive due to factors like limited exposure or highlighting racial stereotypes, the defense can argue for suppression.
4. Leading Interrogation: The defense may challenge identification made during a police interrogation if it can be proven that law enforcement used leading questions or suggestive techniques that influenced the witness's identification.
In all these examples, the defense must argue that the identification procedure used was so suggestive that it created a substantial likelihood of misidentification, making the identification unreliable. It is crucial for the defense to present evidence demonstrating the suggestiveness and unreliability to successfully suppress the identification.
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