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Home / Courts / Criminal Practice – Constitutional – Due Process – Suspect Identification – Show Up – ERIA Inapplicable (access required)

Criminal Practice – Constitutional – Due Process – Suspect Identification – Show Up – ERIA Inapplicable (access required)

State v. Rawls. When a break-in victim was taken to a nearby apartment complex moments after the break-in so she could identify suspects the police had detained, this show-up procedure was not regulated by the Eyewitness Identification Reform Act. Even though the show-up procedure was impermissibly suggestive, the circumstances of this case - including the victim's opportunity to see the perpetrators and the certainty of her identification - lead us to the conclusion that there was not a substantial likelihood of irreparable misidentification. No error in defendant's conviction of felony breaking and entering.

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