Section 10.30 Independent Source Rule

• Library: Criminal Practice 2012 Supp

K. (§10.30) Independent Source Rule

When an in-court identification is made upon a recollection independent of pretrial identification procedures, the in-court identification is proper. United States v. Crews, 445 U.S. 463 (1980). In Missouri, an in-court identification based on recollection independent of improper pretrial identification is admissible. State v. Smith, 675 S.W.2d 690 (Mo. App. E.D. 1984). Consideration must be given to the presence of an independent factual basis for the identification and a positive courtroom identification. State v. Parker, 458 S.W.2d 241, 244 (Mo. 1970); State v. White, 549 S.W.2d 914, 917 (Mo. App. E.D. 1977); State v. Rutledge, 524 S.W.2d 449, 458 (Mo. App. E.D. 1975).

In State v. Berry, 609 S.W.2d 948 (Mo. banc 1980), the defendant argued that the lineup was unduly suggestive because the victim selected him as her second choice. The Supreme Court of Missouri rejected the argument, holding that the in-court identification was not rendered inadmissible by such a factual situation. Id. at 953.

In State v. Trimble, 654 S.W.2d 245...