Legal Question in Criminal Law in California

why didn't they do a lineup?

my brother was identified as a possible suspect by cops. the cops then brought the people the crimes were against to identify my brother...he looks like every other 18 yr old here, why didn't they have to do a lineup? After he was identified by the victims the police proceeded to search my brother's room and mine which was locked. can they force me to let them search my room?


Asked on 2/16/07, 3:14 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: why didn't they do a lineup?

Police are not required to do lineups. There are other ways witnesses and victims can identify suspects. One such way is the procedure you describe, which is often called a "showup".

If your brother goes to trial his lawyer will be able to argue that the showup was too suggestive and that the people who identified him there may have been mistaken. Whether a jury will accept that argument is another matter.

18-year-olds do not all look alike. The fact that there are other people the same age nearby does not prevent a witness from identifying the one he saw commit a crime.

You have not provided enough facts to say whether the search of your room was proper.

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Answered on 2/16/07, 8:32 pm


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