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CHAPTER 9

CHAPTER 9. Pretrial Identification, Terry Stops and Arrests. Eyewitness Identification. Courts use the Biggers test to determine the reliability of pretrial eyewitness identification of suspects

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CHAPTER 9

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  1. CHAPTER 9 Pretrial Identification, Terry Stops and Arrests

  2. Eyewitness Identification • Courts use the Biggers test to determine the reliability of pretrial eyewitness identification of suspects • If the pre-trial identification procedure is too suggestive or unreliable, the identification may not be introduced against the defendant at trial

  3. “Biggers test” for Reliability 1. Eyewitness’ opportunity to view the offender at the time of the crime 2. Witness’ degree of attention 3. Accuracy of the witness’ prior description 4. Level of certainty displayed by the witness at the identification procedure, and 5. Length of time between the crime and the identification procedure

  4. Photospread • At least six photographs of similar looking people shown to eyewitness to crime in an effort to identify the offender

  5. Line-up • At least six similar-looking people are brought into a room • Witness tries to identify offender through two-way mirror

  6. Show-up • The suspect is the only person brought before the eyewitness to the crime • The most suggestive type of pretrial identification

  7. Wisconsin v. Dubose (2005) • Issue: Were the 3 show-ups of the defendant unduly suggestive to require their exclusion at trial? • Holding: Yes. The show-ups were clearly prejudicial and the defendant’s conviction must be reversed

  8. Identification and the Right to Counsel • Once the right to counsel attaches at the initiation of adversary proceedings, by an arrest or other formal procedure, the suspect has a right to counsel at the pretrial identification procedure • No such right exists if formal adversary proceedings have not begun

  9. 4th Am. Reasonableness Clause • The right of the people to be secure in their • Persons • Houses • Papers and • Effects • Against unreasonable searches and seizures, shall not be violated

  10. 4th Am. Warrants Clause • No Warrants shall issue, but • Upon probable cause, • Supported by oath or affirmation, and • Particularly describing The place to be searched, and The persons or things to be seized

  11. Katz v. United States (1967) • Issue: Whether a person has a right of privacy in a public telephone booth so that government’s electronic eavesdropping violates the 4th Amendment? • Holding: Yes. The 4th Amendment protects people, not places

  12. The Terry Stop • A brief encounter between police and citizens to confirm or dispel the reasonable suspicion that criminal activity is afoot

  13. Reasonable Suspicion • If police have specific and articulable facts that criminal activity is afoot, they can briefly detain the person and ask questions • If officers believe person armed, they may conduct a patdown for weapons only

  14. Specific and articulable facts • At the time of the Terry stop, the officer “must be able to articulate something more than an ‘inchoate and unparticularized suspicion or hunch’” that criminal activity is afoot

  15. United States v. Campa (2000) • Issue: Did the inevitable discovery doctrine save evidence that should have been suppressed? • Holding: Yes. The only Fourth Amendment violation that occurred - an improper frisk - was unrelated to defendant’s arrest. The incriminating evidence found could be used against defendant

  16. Terry Stops of Automobiles • The same legal standard that guides Terry stops of people applies to automobiles

  17. Requests for Identification • Law enforcement requests for personal identification can be made only in the context of a Terry stop • If at an airport or for other government administrative search, different rules apply

  18. Arrest • An arrest is a seizure • An arrest may happen when a person does not feel free to leave or to otherwise terminate the police encounter

  19. Reasonable Force • The Fourth Amendment’s reasonableness clause controls the amount of force used to arrest someone

  20. 42 U.S.C. §1983 • Provides the public with an avenue to sue the government for outrageous acts committed “under the color of law”

  21. The §1983 Claim 1. The officer must have been acting under the color of law, and 2. Her actions while acting under the color of law deprived the victim of rights protected by the laws or Constitution of the United States

  22. Qualified Immunity for Criminal Justice Professionals • Qualified immunity is limited protection from civil lawsuits • Criminal justice professionals may receive immunity for actions committed in the performance of their duties

  23. Conditions For Qualified Immunity 1. An officer must have acted reasonably 2. At the time the officer acted, the constitutional right in question was notclearly established

  24. Test for “Clearly Established” Right 1. If the right the officer violated was clearly established, qualified immunity does not apply 2. The question becomes, “should the officer have known the right existed” under current law?; and 3. Were the officer’s actions were reasonable under the circumstances

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