Power to Order LineupRight to Counsel
It is within the power of a federal grand jury to order a
of crime to participate in a lineup. The lineup in such a case
will be a
separate investigative procedure; it will not be physically
incorporated into the
grand jury proceedings. United States v. Larkin, 978 F.2d
964, 968 (7th
Cir. 1992); In re Melvin, 550 F.2d 674 (1st Cir. 1977).|
A lineup is a well accepted investigatory procedure carried
out by law
enforcement officers having a suspect in custody. It is considered
to an individual confrontation for identification purposes.
States v. Wade, 388 U.S. 218 (1967); Gilbert v.
California, 388 U.S.
263 (1967); Stovall v. Denno, 388 U.S. 293 (1967); see
United States v. Funches, 84 F.3d 249, 254 (7th Cir. 1996)
appropriate in certain situations).
A person has a Sixth Amendment right to counsel at a lineup or
undertaken "at or after initiation of adversary criminal
way of formal charge, preliminary hearing, indictment, information,
arraignment." Moore v. Illinois, 434 U.S. 220 (1977);
Illinois, 406 U.S. 682, 689 (1972).
When there has been a lineup or showup in which the right to
been improperly denied, all testimony relating to the out-of-court
is inadmissible. See Gilbert v. California,
v. Illinois, supra. A subsequent in-court
identification will also
be inadmissible unless the government can establish by clear and
evidence that the in-court identifications were based upon
observations of the
suspect other than at the lineup identification. In determining
is an independent source for the in-court identification, the court
factors including the witness' opportunity to observe the criminal
discrepancy between a pre-lineup description and the defendant's
appearance, any identification by picture of the defendant prior to
the failure to identify the defendant on a prior occasion, the
lapse of time
between the criminal act and the lineup and the circumstances
conduct of the lineup. See United States v. Wade,
[cited in Criminal Resource Manual 244]