Identification procedures upheld by Wisconsin Court of Appeals.

• Date: 10 September 2007
• Author: Ziemer, David

Byline: David Ziemer

Displaying a photo array of suspects simultaneously, rather then sequentially, does not violate due process, the Wisconsin Court of Appeals held on Aug. 30. Ryan W. Drew was arrested for substantial battery and possession of methamphetamine. His arrest was based on an eyewitness identification of Drew from a photo array, consisting of a photograph of Drew and seven photos of other white males. The officer, who knew Drew was the suspect, told the witness that the stack may or may not include someone he has known from the case. The photos were placed on a table, one at a time. The witness selected Drew's picture by a process of elimination, removing the photos of individuals he did not recognize, until Drew's was the only photo left. Drew moved to suppress the identification, arguing that it was impermissibly suggestive. The circuit court denied the motion, and Drew was ultimately convicted. He appealed, but the court of appeals affirmed, in a decision by Judge Margaret J. Vergeront. Several days after the suppression hearing was held in this case, the Wisconsin Su-preme Court decided State v. Dubose, 2005 WI 126, 285 Wis.2d 143, 699 N.W.2d 582, holding that a showup identification is unnecessarily suggestive, and should not be used unless it is necessary under the circumstances. Drew argued that Dubose changed the standard for photo array identifications, as well, but the court of appeals disagreed. First, the court...