Section 10.12 Compelled Participation in Lineup—Fifth Amendment Considerations

• Library: Criminal Practice 2012 Supp

5. (§10.12) Compelled Participation in Lineup—Fifth Amendment Considerations

The Fifth and Fourteenth Amendments apply to the manner in which the lineup is conducted, but they do not grant the defendant the right to refuse to appear in lineups, as a lineup is non-testimonial in nature. See United States v. Wade, 388 U.S. 218 (1967), §10.5, supra.

Defendants free on bail may be compelled to stand in the lineup. See United States v. Scarpellino, 431 F.2d 475 (8^th Cir. 1970).

Under Rule 25.06, the state, by written...