Legal Question in Criminal Law in Alaska

line-up/show-up

I investigated a criminal case where a storekeeper observed a customer shoplift some merchandise from her store. She observed the male suspect and was able to give a good clothing description of what the suspect was wearing as well as the the registration plate of the suspect's vehicle. I contacted the suspect within 10 to 15 minutes of the complaint, at a campsite a short distance from the store he had just left,In addition, I recognized the registration plate and the vehicle that had been described to me as that of the suspect. I contacted the suspect whom was wearing the same clothing that had been described to me. The suspect, an out of state transient that was of poor hygiene, denied taking anything, eventhough on his person I found he was wearing the evidence that had been stolen from the store. After seizing the evidence, I detained the suspect and drove back toward the store where the items had been taken. Utilizing a cellular telephone, I asked the storekeeper to look through the front window as I had the suspect stand outside my patrol vehicle that was parked across the street from the business. The storekeeper was positive that I had the right person and he was subsequently arrested. Was this show-up legal.


Asked on 8/12/99, 3:07 am

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: line-up/show-up

Showups are disfavored because the potential for suggestiveness is great and a suggestive or otherwise improper identification must be suppressed. U.S. v. Wade 388 U.S. 218 (1967). However, if exigent circumstances exist which require immediate identification, the subject is apprehended in close proximity to the scene, and there is a minimal time delay between the apprhension and the showup, even if the suspect is displayed in handcuffs, the identification most likely will be allowed. In this case, the officer appears to have been in conformance with proper showup procedures, since his purpose appears to have been to see if he had apprehended the right suspect before placing the suspect under formal arrest, a proper precaution to avoid arresting an innocent person.

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Answered on 8/17/99, 9:21 pm


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