Also known as: one man lineup · one-man line-up · one-man lineups · showup · show-up
Written by attorneys · grounded in primary & secondary sources — see below
An identification procedure in which police present a single suspect to a witness for viewing. The procedure occurs after formal adversarial proceedings have begun and constitutes a critical stage at which the Sixth Amendment right to counsel attaches.
Opal Okoro was formally charged with robbery at her initial appearance. Officers then brought her alone into a hospital room where the victim lay and asked if she was the assailant. No attorney had been notified or was present during the viewing. The resulting identification was excluded because the one-man lineup occurred at a critical stage after adversarial proceedings had begun.
Odin Obeng was indicted for assault. Detectives immediately arranged for the victim to view him alone in a stationhouse room while asking whether he was the attacker. Counsel had not been appointed or notified. The identification testimony was suppressed because the one-man lineup took place after formal charging without the presence of an attorney.
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Olga O'Neill was detained on suspicion of theft but had not yet been charged. Officers presented her alone to the store clerk for identification. The clerk identified her. Because no formal adversarial proceedings had begun, the one-man lineup did not trigger the right to counsel and the identification was admitted.
Omar Olson's photograph was shown alone to a witness after indictment. The witness identified him. The one-man photographic procedure did not require counsel because it was not a corporeal identification at which the accused was physically present.
Olivia Owens was presented alone to the victim in a stationhouse room after indictment. Counsel was present and observed the one-man lineup. The identification was admissible because the presence of counsel at the post-charge corporeal identification satisfied the critical-stage requirement.
Oakley Osei was shown alone to the victim in a hospital room shortly after a stabbing. The victim identified him. Although the one-man lineup was suggestive, the court examined the victim's opportunity to view the assailant during the crime and admitted the in-court identification because it rested on an independent source.
The right attaches only after the initiation of formal adversarial proceedings such as indictment or initial appearance on charges. A one-man lineup conducted before that point does not require counsel.
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No. A one-man lineup is unnecessarily suggestive but remains admissible if the identification is reliable under the totality of circumstances, including the witness's opportunity to view the perpetrator and degree of attention during the crime.
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Counsel must be present only when the procedure occurs after formal adversarial proceedings have begun. Pre-charge showups do not trigger the Sixth Amendment right even if they are suggestive.
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An in-court identification may still be admitted if it has an independent source untainted by the earlier procedure. Courts examine factors such as opportunity to view, attention, description accuracy, certainty, and time lapse.
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…pretrial confrontation for purpose of identification may take the form of a lineup, also known as an "identification parade" or "showup," as in the present case, or presentation of the suspect alone to the witness, as in Stovall v. Denno, supra . It is obvious that risks of suggestion attend either form of confrontation…