Section 10.8 Generally

LibraryCriminal Practice 2012 Supp

a. (§10.8) Generally

In accordance with United States v. Wade, 388 U.S. 218 (1967), and Moore v. Illinois, 434 U.S. 220 (1977), a general per se exclusionary rule applies to testimony of pretrial identification at or after the initiation of adversary judicial proceedings. See §10.5, supra. While the Wade Court did not define the role of counsel at the lineup, in United States v. Allen, 408 F.2d 1287, 1289 (D.C. Cir. 1969), the District of Columbia Circuit stated:

It would seem that appellant’s counsel might best be able to serve his client’s interest and the interest of justice if he is given in advance of the lineup the names of the witnesses who would attend; the time, place and nature of the crimes involved; and the descriptions of the suspect, if any, which the witnesses had given to the police. Counsel also might be allowed to have a role in setting up the lineup and proposing changes to avoid suggestive...

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