The police are conducting a lineup. The officers inform the eyewitness that she should look more closely at "Suspect #3." This sort of suggestion:
A) may make any identification inadmissible in court
B) is constitutional
C) will not invoke the exclusionary rule
D) is normal police practice

Question

Quizplus · Accepted Answer

This sort of suggestion by the police can be problematic because it may be seen as leading or influencing the eyewitness's identification. If the suggestion is deemed to have unduly influenced the eyewitness, it could be argued that the identification process was suggestive and therefore unreliable. This could potentially make any identification of "Suspect #3" by the eyewitness inadmissible in court due to the risk of misidentification and violation of the due process rights of the suspect. Courts scrutinize identification procedures to ensure that they are fair and do not unduly suggest to a witness whom they should identify as the perpetrator. If the court finds that the procedure was unduly suggestive and there is a substantial likelihood of misidentification, the identification may be excluded from evidence.

The Police Are Conducting a Lineup