Also known as: photograph arrays · photo array · photo arrays · photographic array · photographic arrays · photo lineup · photographic lineup · mug book
Written by attorneys · grounded in primary & secondary sources — see below
A collection of photographs assembled by law enforcement and presented to a witness for the purpose of identifying a suspect as the perpetrator of a crime.
After formal charges, City of Newark detectives assembled a photo array of clinic staff and showed it to Oliver without notifying Luis or his counsel. Oliver identified Luis from the array. The identification remains admissible because the procedure is not a critical stage requiring counsel.
Investigators presented Russell with a photo array containing Katie's distinctive color booking photo among black-and-white images of other drivers. Russell identified Katie as the person he saw dumping waste. The court evaluates whether the array created a substantial likelihood of misidentification under the totality of the circumstances.
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Mall security scrolled through booking photos on a screen for Lena without any police involvement in the display. Lena identified Devin as the thief. The identification is admissible because no state action arranged the suggestive circumstances.
Detectives showed a photo array to a witness while the suspect remained in custody on an unrelated charge. The witness identified the suspect from the array. The identification proceeds because custody alone does not convert the photographic procedure into a critical stage.
After Easton's initial appearance and appointment of counsel, agents emailed a photo array of badge photos to Howard. Howard identified Easton from the array without counsel present. The identification is admissible because photographic procedures fall outside the right to counsel even after adversary proceedings begin.
Officers displayed a single sheet of driver photos to Russell, with Katie's recent booking photo printed in color while the others were black and white. Russell identified Katie as the dumper. The array is subject to due-process review for suggestiveness but does not require counsel under the Sixth Amendment.
No. Photographic identifications are not critical stages because the suspect is absent and counsel cannot observe or assist during the viewing. The right to counsel applies to post-indictment live lineups but not to photo arrays regardless of timing.
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No. An in-court identification is not excluded merely because the defendant's presence in a photo array resulted from an illegal arrest. The identification stands on its own reliability.
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The array must be unnecessarily suggestive and create a substantial likelihood of irreparable misidentification under the totality of the circumstances. Reliability factors such as opportunity to view, attention, description accuracy, certainty, and time lapse determine admissibility.
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No. The presence of the complaining witness's attorney does not trigger any constitutional obligation to include the suspect's counsel because photo arrays are not critical stages.
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…compared to any of the fingerprints found. Tr. 97 (Dec. 6, 1984). The lead detective on the case, John Dillman, put together a photo lineup that included a photograph of Kyles (but not of Beanie) and showed the array to five of the six eyewitnesses who had given statements. Three of them picked the photograph of Kyles; the…