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Photo Array Impersmissibly Suggestive, but ID Still Reliable

By Jonathan Byrne

US v. Saunders: Saunders and two other men robbed a liquor store in Baltimore. After they fled the store, the van in which they made their getaway was stopped by police. Saunders got out of the van and fled. As he exited the van, a gun dropped to the ground by the vehicle. During the ensuing chase, Saunders was seen throwing away what appeared to be other weapon. Once Saunders was apprehended, police recovered three pistols - two from the scene near the van and one from along Saunders's route of flight. Officers brought the store clerk to the police station, where he was shown photo arrays containing pictures of the suspects. He identified Saunders, but not the other suspect then in custody. The photo array in which Saunders picture was displayed contained six pictures - the five not of Saunders were all shot against a light background with overhead lighting, whereas Saunders's picture was not...continue to full post

Full post as published by Fourth Circuit Blog on September 12, 2007 (boomark / email).