In the movies, we often see police using a Photo Lineup. The Greeley Police also use this tool to identify suspects. Below, the attorneys at the O’Malley Law Office will discuss Police Lineups and the Misidentification that can happen during a Photo Lineup in Greeley.
What is a Police Live Lineup, Versus a Police Photo Lineup, in Weld County?
In Weld County, a witness to a criminal act can be presented a Live or Photo Lineup to identify a suspect. In a Live Lineup, a suspect is brought in with at least six other people who are similar in appearance and viewed by the witness. In a Police Photo Lineup, at least six pictures of similarly looking people, one of which is the suspect, are viewed by the witness.
The purpose of a Police Lineup, whether a Photo or Live Lineup, is for an eyewitness to a crime to identify a suspect. The Lineup and subsequent identification can then be used as evidence in a trial.
Are There Legal Requirements to Police Lineups in Windsor, Colorado?
The simple answer is yes, there are requirements for Police Lineups in Windsor. The legal requirements exist for Lineups so they can be considered more reliable, and less suggestive. There are typically three requirements for Lineups in Colorado to make them the most reliable: the first is that any “filler” or persons used in the Lineup who are not the actual suspect, look similar to the suspect. This means that their race, age, appearance, height, and weight are all reasonably the same as the suspect. The second, is that the person who is presenting the witness with the Lineup choices during the Lineup also does not know the suspect. This is called a Double-blind Administration. This is important so that the witness does not get any clues or help from the person with them. Lastly, the most reliable Lineups are those where the witness is able to view people in the lineup one at a time and not altogether. It has been found through research that this is the most reliable way to do a Police Lineup. It is important to note that while these are legal requirements of Police Lineups, if they are not conducted under these standards, the Lineup results can still be admissible during a trial. However, the validity of the Lineup can be questioned by the defense.
How Can Misidentification Happen During a Police Lineup and How Can a Weld County Criminal Defense Attorney Help Me?
In Weld County, eyewitnesses can be unreliable. An eyewitness to a crime, including a victim, can be under stress or duress at the time of the crime, and mistakenly identify the wrong person during a Photo or Live Lineup. For this reason, the legal standards for Lineups are in place on Colorado Lineups. Other issues can affect the reliability of a witness, such as not having the eyewitness describe the suspect before hand or having multiple eyewitness view a suspect at the same time.
Being Misidentified in a Police Photo or Live Lineup can happen and you need a skilled criminal defense attorney who can fight for the best outcome in your case. The criminal defense attorneys at the O’Malley Law Office have over 30 years of criminal defense experience and can argue for the suppression of the Police Lineup so it cannot be used as evidence in trial.