Section 10.25 One-on-One Confrontations (Showups)

• Library: Criminal Practice 2012 Supp

F. (§10.25) One-on-One Confrontations (Showups)

Even since United States v. Wade, 388 U.S. 218 (1967), and Gilbert v. California, 388 U.S. 263 (1967) (§10.5, supra), full compliance with the standards set forth in these cases is unnecessary when on-the-scene identification is involved. See Russell v. United States, 408 F.2d 1280, 1285 (D.C. Cir. 1969); Bates v. United States, 405 F.2d 1104, 1106 (D.C. Cir. 1968).

One-person showups, i.e., when a witness views a single individual for the sole purpose of identification, are permissible in Missouri. See State v. Dodson, 491 S.W.2d 334 (Mo. banc 1973); State v. Allen, 599 S.W.2d 782 (Mo. App. E.D. 1980); see also Stovall v. Denno, 388 U.S. 293 (1967); but see United States ex rel. Rutherford v. Deegan, 406 F.2d 217 (2^nd Cir. 1969), cert. denied, 395 U.S. 983 (1969) (non-exigent circumstances confrontation at hospital). Missouri courts have approved one-on-one confrontation showups as a proper procedure.

Accidental showups have occurred at police stations when the victim/witness and the suspect are confronted. In State v. Corkins, 612 S.W.2d 35 (Mo. App. W.D. 1981), the victim knew that there was a suspect in custody but did not know he was at...