manson
brathwaite
argued
november
decided
june
glover
trained
negro
undercover
state
police
officer
purchased
heroin
seller
open
doorway
apartment
standing
two
three
minutes
within
two
feet
seller
hallway
illuminated
natural
light
minutes
later
glover
described
seller
another
police
officer
colored
man
approximately
five
feet
eleven
inches
tall
dark
complexion
black
hair
short
afro
style
high
cheekbones
heavy
build
police
officer
suspecting
description
respondent
might
seller
left
police
photograph
respondent
office
glover
viewed
two
days
later
identified
picture
seller
connecticut
respondent
charged
convicted
possession
sale
heroin
trial
held
eight
months
crime
photograph
received
evidence
without
objection
glover
testified
doubt
person
shown
photograph
respondent
also
made
positive
identification
without
objection
connecticut
affirmed
conviction
respondent
filed
petition
habeas
corpus
federal
district
alleging
admission
identification
testimony
state
trial
deprived
due
process
law
violation
fourteenth
amendment
district
dismissed
petition
appeals
reversed
holding
evidence
photograph
excluded
regardless
reliability
examination
single
photograph
unnecessary
suggestive
identification
unreliable
event
held
due
process
clause
fourteenth
amendment
compel
exclusion
identification
evidence
pp
reliability
linchpin
determining
admissibility
identification
testimony
confrontations
occurring
prior
stovall
denno
wherein
held
determination
depends
totality
circumstances
factors
weighed
corrupting
effect
suggestive
procedure
assessing
reliability
set
neil
biggers
include
witness
opportunity
view
criminal
time
crime
witness
degree
attention
accuracy
prior
description
criminal
level
certainty
demonstrated
confrontation
time
crime
confrontation
pp
totality
circumstances
case
exist
substantial
likelihood
irreparable
misidentification
simmons
glover
casual
observer
trained
police
officer
sufficient
opportunity
view
suspect
accurately
described
positively
identified
respondent
photograph
suspect
made
photograph
identification
two
days
crime
pp
blackmun
delivered
opinion
burger
stewart
white
powell
rehnquist
stevens
joined
stevens
filed
concurring
opinion
post
marshall
filed
dissenting
opinion
brennan
joined
post
bernard
gaffney
argued
cause
petitioner
brief
george
stoughton
david
golub
argued
cause
respondent
brief
frederick
weisberg
richard
silver
jay
sandak
justice
blackmun
delivered
opinion
case
presents
issue
whether
due
process
clause
fourteenth
amendment
compels
exclusion
state
criminal
trial
apart
consideration
reliability
pretrial
identification
evidence
obtained
police
procedure
suggestive
unnecessary
decisions
stovall
denno
neil
biggers
particularly
implicated
jimmy
glover
trooper
connecticut
state
police
assigned
narcotics
division
undercover
capacity
may
year
still
daylight
glover
henry
alton
brown
informant
went
apartment
building
westland
hartford
purpose
purchasing
narcotics
dickie
boy
cicero
known
narcotics
dealer
cicero
thought
lived
third
floor
apartment
building
tr
glover
brown
entered
building
observed
backup
officers
gaffey
proceeded
stairs
third
floor
glover
knocked
door
one
two
apartments
served
stairway
area
illuminated
natural
light
window
third
floor
hallway
door
opened
inches
response
knock
glover
observed
man
standing
door
behind
woman
brown
identified
glover
asked
two
things
narcotics
man
door
held
hand
glover
gave
two
bills
door
closed
soon
man
returned
handed
glover
two
glassine
bags
door
open
glover
stood
within
two
feet
person
made
purchase
observed
face
five
seven
minutes
elapsed
time
door
first
opened
closed
second
time
glover
brown
left
building
eight
minutes
arrival
glover
drove
headquarters
described
seller
gaffey
glover
time
know
identity
seller
described
colored
man
approximately
five
feet
eleven
inches
tall
dark
complexion
black
hair
short
afro
style
high
cheekbones
heavy
build
wearing
time
blue
pants
plaid
shirt
suspecting
description
respondent
might
seller
obtained
photograph
respondent
records
division
hartford
police
department
left
glover
office
acquainted
respondent
personally
know
sight
seen
everal
times
prior
may
glover
alone
viewed
photograph
first
time
upon
return
headquarters
may
identified
person
shown
one
purchased
narcotics
toxicological
report
contents
glassine
bags
revealed
presence
heroin
report
dated
july
respondent
arrested
july
visiting
apartment
ramsey
third
floor
westland
apartment
narcotics
sale
taken
place
may
respondent
charged
information
possession
sale
heroin
violation
stat
rev
amended
trial
january
photograph
glover
identified
respondent
received
evidence
without
objection
part
defense
tr
glover
also
testified
although
seen
respondent
eight
months
elapsed
since
sale
doubt
whatsoever
mind
person
shown
photograph
respondent
glover
also
made
positive
identification
without
objection
explanation
offered
prosecution
failure
utilize
photographic
array
conduct
lineup
respondent
took
stand
defense
testified
may
day
question
ill
albany
avenue
apartment
lot
back
pains
muscle
spasms
bad
heart
high
blood
pressure
neuralgia
face
sinus
time
particular
day
westland
wife
testified
recalled
husband
refreshed
memory
home
day
may
doctor
wesley
vietzke
internist
assistant
professor
medicine
university
connecticut
testified
respondent
consulted
april
took
medical
history
heard
complaints
back
facial
pain
discovered
high
blood
pressure
physician
found
respondent
subjectively
great
discomfort
respondent
fact
underwent
surgery
herniated
disc
august
jury
found
respondent
guilty
counts
information
received
sentence
less
six
nine
years
conviction
affirmed
per
curiam
connecticut
state
brathwaite
noted
absence
objection
glover
identification
concluded
respondent
shown
substantial
injustice
resulted
admission
evidence
connecticut
law
substantial
injustice
must
shown
claim
error
made
passed
trial
considered
appeal
ibid
fourteen
months
later
respondent
filed
petition
habeas
corpus
district
district
connecticut
alleged
admission
identification
testimony
state
trial
deprived
due
process
law
entitled
fourteenth
amendment
district
unreported
written
opinion
based
review
state
trial
transcript
dismissed
respondent
petition
appeal
appeals
second
circuit
reversed
instructions
issue
writ
unless
state
gave
notice
desire
retry
respondent
new
trial
occurred
within
reasonable
time
fixed
district
judge
brief
summary
felt
evidence
photograph
excluded
regardless
reliability
examination
single
photograph
unnecessary
suggestive
view
evidence
unreliable
event
granted
certiorari
ii
stovall
denno
supra
decided
concerned
petitioner
convicted
new
york
murder
arrested
day
following
crime
taken
police
hospital
victim
wife
also
wounded
assault
patient
observing
stovall
hearing
speak
identified
murderer
later
made
identification
federal
habeas
stovall
claimed
identification
testimony
violated
fifth
sixth
fourteenth
amendment
rights
district
dismissed
petition
appeals
en
banc
affirmed
also
affirmed
identification
issue
reviewed
practice
showing
suspect
singly
purposes
identification
claim
unnecessarily
suggestive
conducive
irreparable
mistaken
identification
constituted
denial
due
process
law
noted
practice
widely
condemned
concluded
claimed
violation
due
process
law
conduct
confrontation
depends
totality
circumstances
surrounding
ibid
case
showing
stovall
victim
spouse
imperative
quoted
observations
appeals
effect
spouse
person
possibly
exonerate
accused
hospital
far
courthouse
jail
one
knew
long
might
live
able
visit
jail
taking
stovall
hospital
room
feasible
procedure
circumstances
usual
police
station
question
neil
biggers
supra
decided
concerned
respondent
convicted
tennessee
rape
evidence
consisting
part
victim
visual
voice
identification
biggers
showup
seven
months
crime
victim
assailant
presence
time
directly
observed
indoors
full
moon
outdoors
testified
doubt
biggers
assailant
previously
given
police
description
assailant
made
identification
others
presented
previous
showups
lineups
photographs
federal
habeas
district
held
confrontation
suggestive
violate
due
process
appeals
affirmed
reversed
issue
held
evidence
properly
allowed
go
jury
reviewed
stovall
certain
later
cases
considered
scope
due
process
protection
admission
evidence
derived
suggestive
identification
procedures
namely
simmons
foster
california
coleman
alabama
concluded
general
guidelines
emerged
cases
relationship
suggestiveness
misidentification
admission
evidence
showup
without
violate
due
process
expressed
concern
lapse
seven
months
crime
confrontation
observed
seriously
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factor
cases
central
question
however
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totality
circumstances
identification
reliable
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likelihood
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properly
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go
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well
might
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provide
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answer
question
us
admission
testimony
concerning
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process
long
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possesses
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aspects
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passage
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procedure
occurred
strict
rule
make
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regard
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suggestive
procedure
might
lead
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one
perhaps
might
argue
implication
suggested
different
rule
apply
question
us
simply
whether
biggers
analysis
applies
confrontations
well
iii
present
case
district
observed
sole
evidence
tying
brathwaite
possession
sale
heroin
consisted
identifications
police
undercover
agent
jimmy
glover
app
pet
cert
constitutional
issue
stated
first
inquiry
whether
police
used
impermissibly
suggestive
procedure
obtaining
identification
second
inquiry
whether
circumstances
suggestive
procedure
gave
rise
substantial
likelihood
irreparable
misidentification
biggers
simmons
cited
noted
second
circuit
controlling
clear
type
identification
procedure
display
single
photograph
impermissibly
suggestive
turned
second
inquiry
app
pet
cert
factors
biggers
specified
consideration
recited
applied
concluded
substantial
likelihood
irreparable
misidentification
referred
facts
glover
within
two
feet
seller
duration
confrontation
least
couple
minutes
natural
light
window
skylight
adequate
light
see
clearly
hall
glover
certainly
paying
attention
identify
seller
trained
police
officer
realized
later
find
arrest
person
dealing
gave
detailed
description
reliability
description
supported
fact
enabled
pick
single
photograph
thereafter
positively
identified
glover
two
days
elapsed
crime
photographic
identification
despite
fact
another
eight
months
passed
identification
glover
doubt
brathwaite
person
sold
heroin
appeals
confirmed
exhibition
single
photograph
glover
impermissibly
suggestive
felt
addition
unnecessarily
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little
urgency
said
prior
decision
biggers
except
cases
harmless
error
conviction
secured
result
admitting
identification
obtained
impermissibly
suggestive
unnecessary
measures
stand
ibid
noted
felt
might
opposing
inferences
drawn
passages
biggers
concluded
case
preserved
principle
requiring
exclusion
identifications
resulting
unnecessarily
suggestive
confrontation
situations
also
concluded
identifications
biggers
changed
existing
rule
thus
evidence
identification
unnecessarily
obtained
impermissibly
suggestive
means
must
excluded
stovall
rules
less
stringent
force
police
administrators
prosecutors
adopt
procedures
give
fair
assurance
awful
risks
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finally
said
even
conclusion
wrong
writ
nevertheless
issue
took
judicial
notice
may
sunset
hartford
characterized
glover
duty
undercover
agent
one
cause
arrests
made
description
suspect
one
applied
hundreds
hartford
black
males
ibid
identification
little
meaning
brathwaite
counsel
table
fact
respondent
arrested
apartment
sale
made
subject
implausible
explanation
respondent
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evidently
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delay
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respondent
convicted
man
previously
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near
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thought
likely
offender
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ramsey
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rather
glover
really
remembered
seller
iv
petitioner
outset
acknowledges
procedure
instant
case
suggestive
one
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brief
petitioner
tr
oral
arg
respondent
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proposes
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se
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dictated
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neil
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time
crime
witness
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prior
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level
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demonstrated
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crime
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factors
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three
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glover
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degree
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glover
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case
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trooper
glover
trained
police
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duty
specialized
dangerous
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called
third
floor
westland
hartford
may
glover
negro
unlikely
perceive
general
features
hundreds
hartford
black
males
appeals
stated
true
glover
duty
ferreting
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expected
work
produce
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trained
assigned
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knew
subsequently
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arrest
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knew
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observations
subject
later
close
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trial
accuracy
description
glover
description
given
within
minutes
transaction
included
vendor
race
height
build
color
style
hair
high
cheekbone
facial
feature
also
included
clothing
vendor
wore
claim
made
respondent
possess
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characteristics
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reacted
positively
two
days
later
glover
alone
viewed
photograph
produced
identified
subject
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seller
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level
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dispute
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glover
response
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photograph
person
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testified
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whatsoever
tr
positive
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repeated
time
crime
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glover
description
vendor
given
within
minutes
crime
photographic
identification
took
place
two
days
later
passage
weeks
months
crime
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plays
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place
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process
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require
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se
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app
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trial
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appeals
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arrest
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place
july
toxicological
report
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substance
sold
heroin
issued
days
earlier
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days
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bags
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rel
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today
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testimony
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side
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blackmun
opinion
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pitfall
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reliability
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marshall
justice
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testimony
erected
decade
ago
wade
gilbert
california
stovall
denno
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defendant
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magnitude
error
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analyzing
cases
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trilogy
decisions
following
foundation
wade
trilogy
recognition
high
incidence
miscarriage
justice
resulting
admission
mistaken
eyewitness
identification
evidence
criminal
trials
wade
supra
relying
numerous
studies
made
many
years
scholars
professor
wigmore
justice
frankfurter
concluded
vagaries
eyewitness
identification
annals
criminal
law
rife
instances
mistaken
identification
ibid
course
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source
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posed
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identification
degree
suggestion
inherent
manner
prosecution
presents
suspect
witnesses
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identification
ibid
wade
gilbert
california
prohibiting
admission
trial
evidence
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confrontations
accused
represented
counsel
protection
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identification
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years
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process
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california
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illinois
emphasis
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process
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stovall
continued
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california
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se
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se
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american
juries
ante
impetus
stovall
wade
repeated
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justice
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justice
law
meant
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depend
race
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nationality
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guilt
accused
due
process
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dealing
every
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whatever
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case
strong
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defendant
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relevant
determination
whether
error
constitutional
magnitude
nevertheless
harmless
beyond
reasonable
doubt
see
chapman
california
importing
question
guilt
initial
determination
whether
constitutional
violation
apparent
effect
decision
undermine
protection
afforded
due
process
clause
therefore
important
note
state
courts
remain
free
interpreting
state
constitutions
guard
evil
clearly
identified
case
oregon
mathiason
marshall
dissenting
iii
despite
strong
disagreement
proper
standards
applied
case
pleased
application
totality
test
recognize
continuing
vitality
stovall
assessing
reliability
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corrupting
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suggestive
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witness
ability
make
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identification
ante
holds
neil
biggers
failed
due
process
identification
inquiry
must
take
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suggestiveness
confrontation
likelihood
led
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stovall
wade
thus
even
witness
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opportunity
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criminal
later
use
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suggestive
identification
procedure
render
testimony
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applicability
totality
test
enunciated
facts
present
case
require
result
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record
shows
see
heroin
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trained
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supra
see
also
levine
tapp
supra
moreover
identifications
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policemen
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accused
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word
later
quoting
williams
hammelmann
identification
parades
crim
rev
next
finds
identification
procedure
took
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days
crime
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proximity
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months
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loss
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greater
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glover
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strongest
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first
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case
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heroin
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fact
man
foster
california
must
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record
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case
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right
due
process
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affirm
grant
habeas
corpus
relief
accordingly
dissent
reinstatement
respondent
conviction
see
wall
identification
criminal
cases
sobel
identification
legal
practical
problems
hammelmann
williams
identification
parades
ii
crim
rev
accused
negro
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attorney
hospital
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murder
said
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sacco
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wade
police
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mcgowan
constitutional
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criminal
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mary
rev
test
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sobel
supra
supp
grano
kirby
biggers
ash
constitutional
safeguards
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danger
convicting
innocent
rev
hartman
goldberg
death
warren
doctrine
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nlada
briefcase
pulaski
neil
biggers
dismantles
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trilogy
due
process
protection
stan
rev
recent
developments
identification
unnecessary
suggestiveness
may
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due
process
colum
rev
see
people
anderson
levine
tapp
psychology
criminal
identification
gap
wade
kirby
rev
man
sobering
study
eyewitness
identification
polygraph
john
rev
mcgowan
supra
grano
supra
recent
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supra
moreover
exhaustive
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michigan
people
anderson
supra
noted
number
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systematic
study
problem
reported
cases
misidentification
every
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top
iceberg
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example
able
turn
three
recent
unreported
cases
right
michigan
course
hours
inquiry
see
also
washington
brennan
dissenting
brennan
state
constitutions
protection
individual
rights
harv
rev
cf
people
anderson
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commonwealth
botelho
mass
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wall
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people
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levine
tapp
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wade
gilbert
stovall
lower
courts
bobble
ball
rev
people
anderson
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reviewing
number
cases
appeals
district
columbia
circuit
concluded
several
years
ago
showups
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perhaps
minutes
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app
brathwaite
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used
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cf
wade
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powerful
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police
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frank
new
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eyewitness
testimony
recent
article
began
caveat
vantage
point
ten
years
district
attorney
queens
county
six
years
trial
bench
writer
holds
high
regard
professional
competence
personal
integrity
policemen
laudable
instances
police
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clear
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