Next Generation Bar Exam Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS OF ACCUSED PERSONS
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Detective Alvarez showed a six-photo array to Carmen Ruiz, the cashier robbed at gunpoint. Before displaying it, he said, 'We already have a strong suspect—just see if photo 4 looks familiar.' Ruiz selected photo 4. At a suppression hearing, the court found that the detective's comment made the array suggestive and that a double-blind sequential procedure was practicable, so the procedure was also unnecessary. The court also found: Ruiz saw the robber's face from about four feet away for about two minutes under good lighting; she immediately described his scar, tattoo, and clothing to the first officer; she was 'fairly certain' when she selected photo 4; and the array was shown about 36 hours after the robbery. Under State v. Harmon, 'A pretrial identification violates due process only if the police used an unnecessarily suggestive procedure and, under the totality of the circumstances, that procedure created a substantial likelihood of irreparable misidentification. The court should weigh the witness's opportunity to view, degree of attention, accuracy of any prior description, level of certainty, and the time between the crime and the confrontation. A showing of unnecessary suggestiveness alone does not require exclusion.'
The defendant moves to suppress Ruiz's out-of-court identification. How should the court rule?
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