08 20 MOTION TO SUPPRESS [PHOTO] LINEUP EVIDENCE

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

08-20 MOTION TO SUPPRESS [PHOTO] LINEUP EVIDENCE

[CAPTION]MOTION TO SUPPRESS [PHOTO] LINEUP IDENTIFICATION

Defendant moves to suppress the [photo] lineup identification in this case, and [he/she] states:

1. Defendant is charged with [crime charged with].

2. The case is set for a jury trial [date of trial] in this Court.

3. A [photo] lineup was conducted by the [name of police department] Police Department for a witness, [witness name], to identify Defendant.

4. This witness will be called by the State to testify, and the witness will attempt to identify Defendant as the perpetrator.

[5. The State will attempt to introduce the results of this [photo] lineup into evidence, probably under Ark. R. Evid. 801(d)(1)(iii).]

[6]. The [photo] lineup was unduly suggestive and unconstitutional in nature under the totality of the circumstances, tainting any subsequent identification of the accused, because [reason lineup is unduly suggestive].

[7]. An unduly suggestive [photo] lineup violates due process in violation of the Fourteenth Amendment to the...