Section 10.8 Generally

• Library: Criminal 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...