Legal Question in Criminal Law in Texas

photo spread - line-ups

2 brothers used their cousins car to pick up a 3rd guy to commit agg. robbery. the 2 brothers supplied the 3rd male with a gun. one brother was the look-out, the other patted-down the victim and stole his keys, the 3rd guy was holding a firearm at his side but never spoke or aimed it at the victim. they left that scene when the 3rd male told his co-actor to leave those keys, so he threw them out the window. victim calls the police but had no identifying information as far as the car. a man came up to the police that was taking the victims report and claimed he was robbed by the same 2 males. that ''man could'nt identify the males, but had the lic. plate of the car...the victim that had keys stolen, identified the male holding the gun but could i.d. the one who stole his keys. the one with the gun was charged with agg. robbery given 15yrs. the 2 brothers not charged or arrested.

the police ran the plates to find the car was involved in a homicide. 2 killed , 1 wounded. 6 six males in the car of that homicide. 3 of the 4 that survived were presented to the victim of stolen keys. thats how the police obtained the suspects.

Did the police use proper procedure ?


Asked on 5/31/09, 9:00 am

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: photo spread - line-ups

if they presented the other males to the "victim" in the appropriate manner, i dont see anything wrong with it. They cant walk up someone to a victim and say "this is the guy, do you agree." It cant be suggestive really. So there isn't really enough here to say whether they followed proper procedure or not when it comes to the identification.

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Answered on 5/31/09, 1:56 pm


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