Overly Suggestive Identification Procedure – The one photo line-up

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Fitzpatrick v. Florida, 900 So.2d 495 (Fla. 2005): Florida Supreme’s case – good starting point for those “one photo line-up” cases.  “Is this the guy that did this too you…” scenarios are discusses briefly citing Rimmer v. Florida, 825 So.2d 304 (Fla. 2002).  Pointing out the two-part analysis that the court must consider – “(1) whether the police used an unnecessarily suggestive procedure to obtain the out-of-court identification; and (2) if so, considering all the circumstances, whether the suggestive procedure gave rise to a substantial likelihood of irreparable misidentification.”  The Fitzpatrick Court went on to point out that “[i]f the procedures used by the police in obtaining the out-of-court identification were not unnecessarily suggestive . . . the court need not consider the second part of the test.”

This is the beginning of a string of cases that tend to say the same thing.  Also note that I will be linking citations to the actual case law if available.

Eric J Dirga, PA

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