Also known as: one man showup · one-man show-up · one man show-up · showup · one-person showup
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial identification procedure in which law enforcement officers present a single suspect to an eyewitness for identification.
Olivia Owens had already been indicted for robbery when detectives brought her alone to the hospital room of the victim. The victim identified Owens while she stood between two officers. Because the showup occurred after formal charges, the absence of counsel rendered the identification inadmissible at trial.
Odin Obeng stood indicted for assault when officers arranged for the victim to view him alone in a station hallway. The victim identified Obeng without any attorney present. The post-charge timing made the procedure a critical stage requiring counsel.
Select any source to read its text and confirm it supports the definition.
Oskar Ocampo faced charges after witnesses viewed only his photograph among several others. No live one-man showup occurred. The photographic procedure did not trigger the same right to counsel that attaches to corporeal identifications.
Opal Okoro was shown alone to the victim shortly after arrest but before any charging document was filed. No right to counsel had attached. The identification therefore survived a Sixth Amendment challenge.
Orla O'Malley appeared in a post-indictment lineup alongside five other individuals. Counsel was present and able to observe the procedure. The multi-person format avoided the special concerns raised by a one-man showup.
Oscar Ortiz was displayed alone to the victim under a spotlight hours after the crime. The victim had a clear view and identified Ortiz immediately. Courts assess reliability under due process even when the showup carries inherent suggestiveness.
Yes. Once formal adversarial proceedings have begun by indictment, a post-charge corporeal identification procedure such as a one-man showup constitutes a critical stage at which counsel must be present absent a valid waiver.
Supporting sources
The right attaches at the initiation of formal adversary judicial proceedings, such as by indictment or information. Pre-charge showups do not trigger the Sixth Amendment right to counsel.
Supporting sources
Exigent circumstances such as a dying victim may justify an immediate showup under due process analysis when the procedure is necessary and not fundamentally unfair.
Supporting sources
The out-of-court identification is subject to suppression. Any later in-court identification may also be excluded unless the prosecution proves an independent source.
Supporting sources
…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…