Also known as: one-man showup · one man showup · one man showups · showup · show-up identification
Written by attorneys · grounded in primary & secondary sources — see below
A corporeal identification procedure in which law enforcement presents a single suspect to a witness. The procedure occurs after formal adversarial proceedings have begun and therefore constitutes a critical stage at which the Sixth Amendment right to counsel attaches.
Detectives brought Leo, still wearing a bloodstained apron, behind the restaurant and spotlighted him beside two dishwashers while Maria, on a stretcher, was urged to identify her attacker. Leo's attorney received no notice of the encounter. Maria's out-of-court identification followed directly from the one-man showup.
After indictment, officers brought Sofia, handcuffed, to a hallway outside the hospital cafeteria and positioned her between two plainclothes officers while Nurse Erin Davis was asked to identify the thief. Sofia's appointed counsel had not been contacted. The nurse identified Sofia during the one-man showup.
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Two days after charging documents were filed, Officer Brown stood Luis alone in Alice's driveway for Alice and neighbor Jordan to identify as the intruder. Counsel received no notice. Both witnesses identified Luis from the one-man showup.
Two days after the information was filed, police brought Chen and neighbor David Ortiz to the courthouse basement where Lopez stood between courthouse employees. Lopez's retained attorney, present in the building, received no notice. The witnesses identified Lopez during the one-man showup.
Three days after indictment, investigators arranged a lineup at the plant security office with five other employees in identical uniforms standing beside Ted. Union-appointed counsel arrived but was excluded from the viewing room. The eyewitness identified Ted through a one-way mirror during the one-man showup.
Shortly after indictment, federal agent Carla seated Felicity at a conference-room table with only one decoy present while Regina viewed them from a short distance. Felicity's counsel was not notified. Regina identified Felicity during the one-man showup.
The right attaches once formal adversarial proceedings have begun by indictment or information. At that point a post-charge one-man showup becomes a critical stage requiring counsel's presence unless the defendant validly waives the right.
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No. The right applies to any post-indictment corporeal identification procedure arranged by law enforcement regardless of whether it occurs at a police station, hospital hallway, driveway, or conference center.
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The out-of-court identification is subject to suppression on Sixth Amendment grounds. Any later in-court identification may also be excluded unless the prosecution proves an independent source.
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No. The constitutional protection turns on the initiation of adversarial proceedings and the nature of the corporeal identification, not on labels chosen by investigators.
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…pretrial confrontation for purpose of identification may take the form of a lineup, also known as an "identification parade" or "showup," as in the present case, or presentation of the suspect alone to the witness, as in Stovall v. Denno, supra . It is obvious that risks of suggestion attend either form of confrontation…