Also known as: showups · show-up · show-up identification · one-on-one lineup
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial identification procedure in which a suspect is shown individually to a witness or victim for identification purposes. The procedure differs from a lineup because it involves a one-on-one confrontation rather than a group presentation.
Steven Silva was indicted for robbery. Detectives brought the victim to the station the next day and presented Silva alone in handcuffs for identification. The victim identified Silva as the robber. Silva's attorney received no notice and was not present during the confrontation.
Simone Sanders faced formal charges for assault. Officers arranged a station-house showup the following morning where the victim viewed Sanders alone. The victim identified Sanders. Sanders's counsel had filed an appearance but received no opportunity to attend.
Select any source to read its text and confirm it supports the definition.
Sasha Stone was indicted for theft. Detectives emailed a photo array containing Stone's picture to the victim without notifying counsel. The victim selected Stone's photo. Stone later sought to exclude the identification on Sixth Amendment grounds.
Sophia Singh was stopped on suspicion of burglary before any charges were filed. Officers conducted a showup at the scene where the homeowner viewed Singh alone. The homeowner identified Singh. Singh later challenged the identification for lack of counsel.
Sierra Santos was indicted for robbery. Police arranged a station showup after the indictment where the teller viewed Santos alone. The teller identified Santos. Santos's counsel was not notified or present at the viewing.
Sofia Stern was indicted for fraud. Detectives conducted a showup in a courthouse lobby after indictment where a witness viewed Stern alone. The witness identified Stern. Stern's counsel had no notice of the procedure.
The right attaches once formal adversarial proceedings have begun by indictment or other charging document. A showup conducted after that point is a critical stage requiring counsel's presence. Pre-charge showups do not trigger the right.
No. A showup violates due process only if it is unnecessarily suggestive and creates a substantial likelihood of misidentification. Exigent circumstances such as a dying victim can justify a showup that would otherwise be suggestive.
A showup presents the suspect alone to the witness. A lineup presents the suspect among a group of similar individuals. Both are corporeal identification procedures but the one-on-one format of a showup increases suggestiveness risks.
No. Photographic arrays are not critical stages even after charges are filed. The Sixth Amendment right to counsel applies only to live corporeal identifications where the defendant is present.
Counsel observes the procedure to detect suggestiveness and preserves the ability to cross-examine the witness effectively at trial. Counsel has no right to direct or alter how the showup is conducted.
…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…