1.1 - A. Photographs

• Jurisdiction: New York

A. Photographs

A defendant has no right to have counsel present when law enforcement agents show photos containing the defendant’s picture to witnesses, even if the showing is conducted post-indictment.² The rationale of these decisions is that the suspect is not physically present at a photographic showup and, thus, does not need to consult counsel. Detectives do not go around handcuffed to lawyers. Prior to trial, photographic or photographic array identifications are tested for suggestiveness at “Stovall hearings.” If unduly suggestive, any in-court witness identification will be precluded unless the identification has a source independent of the suggestive photograph(s).³ Under the rule against...