Also known as: show-up · show up · showup · showups · showup identification
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An identification procedure in which law enforcement presents a single suspect to a witness for immediate recognition.
A post-charge corporeal identification procedure that constitutes a critical stage at which the Sixth Amendment guarantees the suspect the presence of counsel.
An identification procedure in which law enforcement presents a single suspect to a witness for immediate recognition.
Select any source to read its text and confirm it supports the definition.
A post-charge corporeal identification procedure that constitutes a critical stage at which the Sixth Amendment guarantees the suspect the presence of counsel.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Sebastian Santos faced federal charges after indictment. Agents showed the victim a single photograph of Santos without notifying his counsel. The victim identified Santos from the photo. No Sixth Amendment right to counsel applies to photographic displays.
Simone Sanders was indicted on drug charges. Officers arranged a showup at which the informant viewed only Sanders without counsel present. The informant made a positive identification. The Sixth Amendment does not require counsel at this stage because adversarial proceedings had not yet begun.
Sofia Stern was indicted for theft. Police conducted a showup in which the store clerk viewed only Stern flanked by officers. No attorney attended. Due process rather than the Sixth Amendment governs admissibility when no counsel is present.
The prosecution must prove by clear and convincing evidence that the in-court identification rests on an independent source untainted by the showup.
Supporting sources
Santiago Sanchez was indicted for robbery. Detectives then arranged a showup at the station where the victim viewed only Sanchez handcuffed between two officers. No attorney was present or notified. The victim's identification must be suppressed because the post-indictment showup was a critical stage requiring counsel.
Serena Soto was indicted on assault charges. Officers later conducted a showup in which the victim viewed only Soto standing alone in a parking lot. Soto's attorney received no notice and was absent. The identification evidence is inadmissible because the procedure took place after adversarial proceedings had begun.
Sydney Santos was indicted for burglary. Detectives then conducted a post-indictment showup that included only Santos and excluded his appointed counsel. Witnesses identified Santos. The resulting identification is inadmissible because the post-indictment corporeal procedure required counsel's presence.
The right attaches once formal adversarial proceedings have begun by indictment or other charging document. At that point any showup becomes a critical stage requiring counsel's presence.
Supporting sources
Yes. Because the showup is a critical stage, the identification obtained without counsel is inadmissible unless the defendant validly waived the right.
Supporting sources
No. The right to counsel at post-indictment showups is absolute and does not yield to claims of urgency or convenience.
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…