Also known as: one on one showup · one-on-one show-up · showup · showup identification
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial identification procedure in which law enforcement presents a single suspect to a witness for viewing. The procedure constitutes a critical stage of the prosecution once formal adversarial proceedings have begun. Counsel must be present or the resulting identification is subject to exclusion.
After formal charges were filed against Luis at his initial appearance, officers returned him to the restaurant kitchen without notifying counsel. They stood him alone before the injured server and asked whether he was the attacker. The server identified him. Because the procedure occurred after attachment of the right to counsel at a critical stage, the identification must be excluded.
Federal agents arranged for a contractor representative to view Felicity seated alone with one decoy at a government building after her indictment. No counsel was notified or present. The representative identified Felicity as the bribe recipient. The post-indictment timing made the one-on-one showup a critical stage requiring counsel.
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Before any formal charges, a detective showed a coworker only the suspect's photograph. The coworker identified the suspect. Because the procedure occurred before formal charges, the right to counsel had not attached even though the method was suggestive.
After arrest but before indictment, detectives presented a dockworker alone to a ship's officer in a station house. Counsel had not yet been appointed. The officer identified the dockworker. The pre-indictment timing meant the right to counsel had not attached.
Detectives presented an indicted actor alone at a rehearsal after formal charges. A witness viewed him without counsel present. The witness identified the actor. The post-indictment timing made the one-on-one showup a critical stage requiring counsel.
Two days after an assault, an officer brought a coworker to view a suspect alone. The coworker identified the suspect. Because the procedure occurred before formal charges, the right to counsel had not attached even though the method was suggestive.
The right attaches once formal adversarial proceedings have begun by indictment, information, or initial appearance on filed charges. Before that point, even a suggestive showup does not violate the Sixth Amendment right to counsel. After attachment, any police-arranged corporeal identification is a critical stage requiring counsel.
No. The right applies to any post-charge corporeal identification arranged by law enforcement regardless of whether it occurs in a police station, conference center, gym, or rehearsal space. The timing after initiation of adversarial proceedings controls, not the physical surroundings.
The out-of-court identification obtained from the uncounseled showup must be excluded. An in-court identification may still be admitted if the prosecution proves it has an independent and reliable source under the totality of the circumstances.
…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…