Section 3.27 Photographic Identification

• Library: Criminal Practice 2012 Supp

5. (§3.27) Photographic Identification

If the court finds that the use of photographs was required in the investigative stage to identify and apprehend, such an identification procedure is approved. See United States v. Butler, 405 F.2d 395 (4^th Cir. 1968); Simmons v. United States, 390 U.S. 377 (1968).

The courts will not approve a photographic identification at the custody stage but usually will not say that due process has been violated by it. United States v. Fitzpatrick, 437 F.2d 19 (2^nd Cir. 1970).

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