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240. Lineup—Self-Incrimination

Neither the lineup itself, nor requiring the accused to utter words for voice identification purposes during the lineup, violate the Fifth Amendment privilege against self-incrimination. See United States v. Wade, supra. An individual may be required to alter his or her appearance or wear particular clothing in a lineup. United States v. Brown, 920 F.2d 1212, 1215 (5th Cir. 1991). The government may introduce evidence that the suspect refused to speak certain words during a lineup after being directed to do so, see Higgins v. Wainwright, 424 F.2d 177 (5th Cir.), cert. denied, 400 U.S. 905 (1970), and may introduce evidence that the suspect intentionally changed his or her appearance prior to a lineup, see United States v. Perkins, 937 F.2d 1397, 1402-03 (9th Cir. 1991) and United States v. Jackson, 476 F.2d 249 (7th Cir. 1973).

Updated January 22, 2020