Also known as: lineups · line-up · line-ups · police lineup · identification lineup
Written by attorneys · grounded in primary & secondary sources — see below
A police identification procedure in which a criminal suspect and other physically similar persons are shown to a victim or witness to determine whether the suspect can be identified as the perpetrator of the crime.
Liam Larson was arrested on suspicion of wire fraud but no complaint had been filed. Officers conducted a lineup at the station that same afternoon. A witness identified Larson from the group of similar-looking men. The identification was admissible because formal proceedings had not begun.
Laura Lewis was arraigned on assault charges. Detectives then held a lineup at the precinct the next day without notifying her lawyer. Witnesses identified Lewis from the group. The procedure violated her right to counsel at this critical stage.
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Landon Long was indicted for robbery. Police arranged a lineup the following week at which the victim viewed Long among six similar men. No attorney was present. The identification required suppression because counsel was required at this post-charge stage.
Lily Lopez was arrested after a photo spread. Officers later conducted a live lineup with six men matching her description. The victim identified Lopez from the lineup. The in-court identification remained admissible despite the earlier procedures.
Lucy Liu was placed in a lineup at the station after her arrest. A witness identified her as the robber. Officers then took Liu into a separate room for questioning. The lineup itself did not trigger Miranda protections.
Latoya Lane faced charges after a lineup at which the victim identified her among similar individuals. The lineup occurred before trial but after formal proceedings began. Counsel was required to be present under the governing standard for that stage.
The right attaches only after the initiation of formal adversary judicial proceedings such as indictment or the filing of a public complaint. A lineup conducted after arrest but before any such proceeding does not require counsel. A sealed and unfiled complaint does not trigger the right.
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Yes. An arraignment begins formal adversarial proceedings. A lineup held after arraignment is a critical stage at which counsel must be present to observe suggestiveness and preserve the ability to cross-examine.
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No. A photo lineup is not a critical stage because the defendant need not be present. Counsel therefore has no constitutional right to attend or receive notice of the procedure.
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Counsel's role is limited to observing the procedure to detect suggestive elements and to raise those issues on cross-examination of the witness. Counsel has no right to help arrange the lineup or demand changes in its conduct.
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…identification situation, the interrogator may take a break in his questioning to place the subject among a group of men in a line-up. "The witness or complainant (previously coached, if necessary) studies the line-up and confidently points out the subject as the guilty party."[^maj-18] Then the questioning resumes "as…