Effective December 1, S.L. 2015-212 extends the Eyewitness Identification Reform Act, G.S. 15A-284.52, to cover show-ups. But the bill leaves the status of photographic show-ups in doubt and contains a strange provision regarding law enforcement officers as eyewitnesses. This post unpacks the new law.
lineups
Lineups and Facial Tattoos
How should a law enforcement officer conduct a lineup when the suspect has a facial tattoo? More than one in five American adults now has a tattoo according to a recent Harris poll. My sense is that facial tattoos, although still uncommon, are also increasing in popularity. But when a person with a facial tattoo … Read more
Showups Aren’t Lineups
When I first came to the School of Government, I picked a few small areas of law in which I hoped to develop some expertise. One of those areas was the then-new Eyewitness Identification Reform Act. It was enacted in 2007, effective for crimes committed on or after March 1, 2008. S.L. 2007-421. It’s codified … Read more
Lineups, Showups, Undercover Buys, and G.S. 15A-284.52
In 2007, the General Assembly enacted the Eyewitness Identification Reform Act, G.S. 15A-284.50 et seq. The heart of the Act is G.S. 15A-284.52, which lays out rules for conducting lineups, whether live, i.e., involving the actual suspect and several other fillers, or by photo array, i.e., involving a picture of the suspect and several other … Read more