Legal Question in Criminal Law in Virginia

suggestive identification

a young black male , now age 19, is convicted of felonious assault at the age of 15. Has not been in trouble with the law since that time. A few months ago, he was arrested for stealing a gun (gun has not been found), his parents home searched- finding nothing. He is identified by the accused via a photo that was taken by police. He was never in a line up to be identified. Would this be suggestive identification? One tends to believe that he was arrested for this alledged crime because he fit the Officers' profile due to his conviction of felonious assault as a minor.


Asked on 7/19/00, 10:23 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: suggestive identification

The police often conduct what is called a "photo lineup." The standards are much the same as for a standing lineup, in that it must be fair, ethnically representational, evenly displayed, matters of that nature. One must know the conditions of the photo lineup to know whether or not it meets the standards necessary to accuse and convict.

If the victim was shown only one photograph, the identification is subject to serious question and probably can be overcome at least during further proceedings in court.

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Answered on 9/11/00, 7:46 pm


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