simmons
argued
january
decided
march
federally
insured
savings
loan
association
hereafter
bank
robbed
two
unmasked
men
five
bank
employees
witnessed
robbery
day
occurred
gave
fbi
written
statements
petitioners
simmons
garrett
another
andrews
subsequently
indicted
crime
afternoon
day
robbery
fbi
agents
made
warrantless
search
andrews
mother
house
found
two
suitcases
basement
one
contained
incriminating
items
next
morning
fbi
agents
obtained
without
indicating
progress
investigation
suggesting
suspects
showed
separately
five
bank
employee
witnesses
snapshots
consisting
mostly
group
pictures
andrews
simmons
others
witness
identified
pictures
simmons
one
robbers
none
identified
andrews
later
witnesses
viewed
indeterminate
numbers
pictures
identified
simmons
three
employees
identified
garrett
second
robber
photographs
trial
garrett
moved
suppress
government
exhibit
suitcase
containing
incriminating
items
seized
violation
fourth
amendment
rights
establish
standing
move
garrett
testified
suitcase
similar
one
owned
owned
clothing
found
therein
district
denied
motion
suppress
garrett
testimony
suppression
hearing
objection
admitted
trial
five
bank
employee
witnesses
positively
identified
simmons
one
robbers
three
identified
garrett
two
others
testifying
get
good
look
district
denied
defense
request
jencks
act
production
photographs
shown
witnesses
trial
defense
apparently
claiming
incorporated
written
statements
government
made
available
defense
act
provides
witness
testified
government
federal
criminal
prosecution
government
must
defense
request
produce
statement
witness
government
possession
relates
subject
matter
witness
testified
petitioners
andrews
convicted
petitioner
conviction
andrews
affirmed
appeals
simmons
asserts
pretrial
identification
procedure
use
photographs
unduly
prejudicial
fatally
taint
conviction
petitioners
claim
error
district
refusal
order
production
pictures
jencks
act
garrett
urges
violation
constitutional
rights
testimony
support
suppression
motion
admitted
trial
held
light
totality
circumstances
surrounding
case
identification
procedure
use
photographs
deny
simmons
due
process
law
call
reversal
supervisory
authority
pp
case
involving
pretrial
initial
identification
photographs
must
considered
facts
convictions
based
eyewitness
identification
trial
following
pretrial
identification
set
aside
ground
prejudice
pretrial
identification
procedure
impermissibly
suggestive
give
rise
substantial
likelihood
irreparable
misidentification
resort
photographic
identification
fbi
necessary
serious
felony
committed
perpetrators
large
inconclusive
clues
led
andrews
simmons
agents
determine
swiftly
right
track
pp
circumstances
case
little
chance
procedure
lead
misidentification
simmons
pp
since
none
photographs
acquired
shown
witnesses
day
witnesses
gave
statements
fbi
district
correctly
held
photographs
part
statements
hence
producible
defense
jencks
act
view
attendant
circumstances
including
strength
eyewitness
identification
simmons
district
refusal
apart
requirement
jencks
act
order
production
photographs
abuse
discretion
simmons
pp
defendant
testifies
support
motion
suppress
evidence
fourth
amendment
grounds
testimony
may
thereafter
admitted
trial
issue
guilt
unless
makes
objection
pp
garrett
justifiably
believed
testimony
owned
suitcase
necessary
show
standing
claim
illegally
seized
hence
testimony
integral
part
fourth
amendment
exclusion
claim
pp
rationale
courts
holdings
garrett
testimony
admissible
motion
suppress
failed
testimony
voluntarily
given
relevant
therefore
admissible
like
prior
testimony
admission
pp
rule
imposes
condition
may
deter
defendant
making
fourth
amendment
objection
practical
matter
makes
defendant
wishes
establish
standing
risk
words
may
later
used
incriminate
circumstances
case
intolerable
one
constitutional
right
surrendered
order
assert
another
raymond
smith
argued
cause
petitioners
brief
john
powers
crowley
george
callaghan
solicitor
general
griswold
argued
cause
brief
assistant
attorney
general
vinson
beatrice
rosenberg
mervyn
hamburg
justice
harlan
delivered
opinion
case
presents
issues
arising
petitioners
trial
conviction
district
northern
district
illinois
armed
robbery
federally
insured
savings
loan
association
evidence
trial
showed
february
two
men
entered
chicago
savings
loan
association
one
pointed
gun
teller
ordered
put
money
sack
gunman
supplied
men
remained
bank
five
minutes
left
bank
employee
rushed
street
saw
one
men
sitting
passenger
side
departing
white
thunderbird
automobile
large
scrape
right
door
within
hour
police
located
vicinity
car
matching
description
discovered
belonged
rey
petitioner
simmons
told
police
loaned
car
afternoon
brother
william
andrews
day
two
fbi
agents
came
house
mahon
andrews
mother
half
block
place
car
parked
agents
warrant
trial
disputed
whether
mahon
gave
permission
search
house
search
basement
found
two
suitcases
mahon
disclaimed
knowledge
one
suitcase
contained
among
items
gun
holster
sack
similar
one
used
robbery
several
coin
cards
bill
wrappers
bank
robbed
following
morning
fbi
obtained
another
andrews
sisters
snapshots
andrews
petitioner
simmons
said
sister
andrews
previous
afternoon
snapshots
shown
five
bank
employees
witnessed
robbery
witness
identified
pictures
simmons
representing
one
robbers
week
two
later
three
employees
identified
photographs
petitioner
garrett
depicting
robber
two
witnesses
stating
clear
view
second
robber
petitioners
together
william
andrews
subsequently
indicted
tried
robbery
indicated
prior
trial
garrett
moved
suppress
government
exhibit
consisting
suitcase
containing
incriminating
items
order
establish
standing
move
garrett
testified
although
identify
suitcase
certainty
similar
one
owned
owner
clothing
found
inside
suitcase
district
denied
motion
suppress
garrett
testimony
suppression
hearing
admitted
trial
trial
five
bank
employee
witnesses
identified
simmons
one
robbers
three
identified
garrett
second
robber
two
testifying
get
good
look
second
robber
district
denied
petitioners
request
jencks
act
production
photographs
shown
witnesses
trial
jury
found
simmons
garrett
well
andrews
guilty
charged
appeal
appeals
seventh
circuit
affirmed
simmons
garrett
reversed
conviction
andrews
ground
insufficient
evidence
connect
robbery
granted
certiorari
simmons
garrett
consider
following
claims
first
simmons
asserts
pretrial
identification
means
photographs
circumstances
unnecessarily
suggestive
conducive
misidentification
deny
due
process
law
least
require
reversal
conviction
exercise
supervisory
power
lower
federal
courts
second
petitioners
contend
district
erred
refusing
defense
requests
production
pictures
petitioners
shown
eyewitnesses
prior
trial
third
garrett
urges
constitutional
rights
violated
testimony
given
support
suppression
motion
admitted
trial
reasons
follow
affirm
judgment
appeals
simmons
reverse
garrett
support
argument
simmons
looks
last
term
lineup
decisions
wade
gilbert
california
first
departed
rule
manner
identification
affects
weight
admissibility
identification
testimony
trial
rationale
cases
accused
entitled
counsel
critical
stage
prosecution
lineup
critical
stage
see
simmons
however
contend
entitled
counsel
time
pictures
shown
witnesses
rather
asserts
simply
circumstances
identification
procedure
unduly
prejudicial
fatally
taint
conviction
claim
must
evaluated
light
totality
surrounding
circumstances
see
stovall
denno
palmer
peyton
viewed
context
find
claim
untenable
must
recognized
improper
employment
photographs
police
may
sometimes
cause
witnesses
err
identifying
criminals
witness
may
obtained
brief
glimpse
criminal
may
seen
poor
conditions
even
police
subsequently
follow
correct
photographic
identification
procedures
show
pictures
number
individuals
without
indicating
suspect
danger
witness
may
make
incorrect
identification
danger
increased
police
display
witness
picture
single
individual
generally
resembles
person
saw
show
pictures
several
persons
among
photograph
single
individual
recurs
way
emphasized
chance
misidentification
also
heightened
police
indicate
witness
evidence
one
persons
pictured
committed
crime
regardless
initial
misidentification
comes
witness
thereafter
apt
retain
memory
image
photograph
rather
person
actually
seen
reducing
trustworthiness
subsequent
lineup
courtroom
identification
despite
hazards
initial
identification
photograph
procedure
used
widely
effectively
criminal
law
enforcement
standpoint
apprehending
offenders
sparing
innocent
suspects
ignominy
arrest
allowing
eyewitnesses
exonerate
scrutiny
photographs
danger
use
technique
may
result
convictions
based
misidentification
may
substantially
lessened
course
trial
exposes
jury
method
potential
error
unwilling
prohibit
employment
either
exercise
supervisory
power
still
less
matter
constitutional
requirement
instead
hold
case
must
considered
facts
convictions
based
eyewitness
identification
trial
following
pretrial
identification
photograph
set
aside
ground
photographic
identification
procedure
impermissibly
suggestive
give
rise
substantial
likelihood
irreparable
misidentification
standard
accords
resolution
similar
issue
stovall
denno
decisions
courts
question
identification
photograph
applying
standard
case
conclude
petitioner
simmons
claim
score
must
fail
first
place
suggested
unnecessary
fbi
resort
photographic
identification
instance
serious
felony
committed
perpetrators
still
large
inconclusive
clues
law
enforcement
officials
possessed
led
andrews
simmons
essential
fbi
agents
swiftly
determine
whether
right
track
properly
deploy
forces
chicago
necessary
alert
officials
cities
justification
method
procedure
hardly
less
compelling
found
justify
lineup
stovall
denno
supra
second
place
circumstances
case
little
chance
procedure
utilized
led
misidentification
simmons
robbery
took
place
afternoon
bank
robbers
wore
masks
five
bank
employees
able
see
robber
later
identified
simmons
periods
ranging
five
minutes
witnesses
shown
photographs
day
later
memories
still
fresh
least
six
photographs
displayed
witness
apparently
consisted
primarily
group
photographs
simmons
andrews
appearing
several
times
series
witness
alone
saw
photographs
evidence
indicate
witnesses
told
anything
progress
investigation
fbi
agents
way
suggested
persons
pictures
suspicion
conditions
five
eyewitnesses
identified
simmons
one
robbers
none
identified
andrews
apparently
prominent
photographs
simmons
initial
identifications
confirmed
five
witnesses
subsequent
viewings
photographs
trial
witness
identified
simmons
person
notwithstanding
none
witnesses
displayed
doubt
respective
identifications
simmons
taken
together
circumstances
leave
little
room
doubt
identification
simmons
correct
even
though
identification
procedure
employed
may
respects
fallen
short
ideal
hold
factual
surroundings
case
identification
procedure
used
deny
simmons
due
process
law
call
reversal
supervisory
authority
ii
written
statements
kind
taken
five
eyewitnesses
fbi
day
robbery
apparently
none
taken
thereafter
statements
produced
government
trial
pursuant
defense
also
claimed
right
look
photographs
district
judge
denied
requests
petitioners
theory
seems
photographs
incorporated
written
statements
witnesses
therefore
produced
legislative
history
jencks
act
confirm
photographs
must
produced
constitute
part
written
statement
however
record
case
bear
petitioners
claim
pictures
involved
part
statements
approved
witnesses
therefore
producible
appears
statements
made
day
robbery
time
fbi
police
pictures
petitioners
first
pictures
acquired
shown
witnesses
morning
following
day
hence
possibly
part
statements
made
approved
witnesses
day
robbery
petitioners
seem
also
suggest
quite
apart
district
refusal
request
photographs
amounted
abuse
discretion
photographs
referred
government
first
asked
defense
direct
examination
first
eyewitness
second
day
trial
defense
requested
pictures
counsel
government
noted
multitude
pictures
stated
might
difficult
identify
shown
particular
witnesses
however
indicated
government
willing
furnish
pictures
found
district
referring
fact
production
photographs
required
stated
stop
trial
order
pictures
made
available
although
pictures
might
assistance
defense
although
doubtless
preferable
government
labeled
pictures
shown
witness
kept
available
trial
hold
circumstances
refusal
district
order
production
amount
abuse
discretion
least
petitioner
simmons
defense
surely
knew
photographs
played
role
identification
process
yet
attempt
pictures
produced
prior
trial
pursuant
fed
rule
crim
proc
production
pictures
sought
trial
defense
explain
needed
simply
argued
production
required
moreover
strength
eyewitness
identifications
simmons
renders
highly
unlikely
nonproduction
photographs
caused
prejudice
iii
order
effectuate
fourth
amendment
guarantee
freedom
unreasonable
searches
seizures
long
ago
conferred
upon
defendants
federal
prosecutions
right
upon
motion
proof
excluded
trial
evidence
secured
means
unlawful
search
seizure
weeks
recently
held
exclusionary
rule
essential
part
fourth
fourteenth
amendments
mapp
ohio
however
also
held
rights
assured
fourth
amendment
personal
rights
may
enforced
exclusion
evidence
instance
one
whose
protection
infringed
search
seizure
see
jones
one
time
defendant
wished
assert
fourth
amendment
objection
required
show
owner
possessor
seized
property
possessory
interest
searched
premises
part
avoid
resolve
issue
presented
case
relaxed
standing
requirements
two
alternative
ways
jones
supra
first
held
jones
possession
seized
evidence
essential
element
offense
defendant
charged
government
precluded
denying
defendant
requisite
possessory
interest
challenge
admission
evidence
second
held
alternatively
defendant
need
possessory
interest
searched
premises
order
standing
sufficient
legitimately
premises
search
occurs
throughout
case
petitioner
garrett
justifiably
without
challenge
government
proceeded
assumption
standing
requirements
must
satisfied
premise
contends
testimony
given
defendant
meet
requirements
admissible
trial
question
guilt
innocence
agree
standing
rules
set
jones
occasions
even
prosecutions
nonpossessory
offenses
defendant
testimony
needed
establish
standing
case
serves
example
garrett
evidently
mahon
house
time
suitcase
seized
basement
least
natural
way
found
standing
object
admission
suitcase
testify
owner
thus
testimony
regarded
integral
part
fourth
amendment
exclusion
claim
rule
laid
courts
give
testimony
assuming
risk
testimony
later
admitted
trial
testimony
kind
links
defendant
evidence
government
considers
important
enough
seize
seek
admitted
trial
must
often
highly
prejudicial
defendant
case
serves
example
garrett
admitted
ownership
suitcase
hours
robbery
found
contain
money
wrappers
taken
victimized
bank
undoubtedly
strong
piece
evidence
without
testimony
government
might
found
hard
prove
owner
suitcase
dilemma
faced
defendants
like
garrett
extreme
prosecutions
possessory
crimes
testimony
required
standing
proves
element
offense
eliminated
hobson
choice
jones
supra
relaxing
standing
requirements
never
considered
squarely
question
whether
defendants
charged
nonpossessory
crimes
like
garrett
entitled
relieved
dilemma
entirely
lower
courts
considered
matter
jones
two
exceptions
agreed
holdings
courts
defendant
testimony
may
admitted
motion
suppress
failed
reasoning
courts
seem
suggest
testimony
admissible
even
motion
suppress
succeeded
actually
decided
question
held
motion
suppress
succeeds
testimony
given
support
excludable
fruit
unlawful
search
rationale
admitting
testimony
motion
fails
testimony
voluntarily
given
relevant
therefore
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admission
basis
prior
testimony
admission
party
seems
obvious
defendant
knows
testimony
may
admissible
trial
sometimes
deterred
presenting
testimonial
proof
standing
necessary
assert
fourth
amendment
claim
likelihood
inhibition
greatest
testimony
known
admissible
regardless
outcome
motion
suppress
even
jurisdictions
admissibility
testimony
depends
upon
outcome
motion
deterrent
effect
marginal
cases
estimated
confidence
whether
motion
succeed
since
claims
depend
heavily
upon
individual
facts
since
law
search
seizure
state
flux
incidence
marginal
cases
said
negligible
circumstances
defendant
substantial
claim
exclusion
evidence
may
conclude
admission
evidence
together
government
proof
linking
preferable
risking
admission
testimony
connecting
seized
evidence
rule
adopted
courts
merely
impose
upon
defendant
condition
may
deter
asserting
fourth
amendment
objection
imposes
condition
kind
always
peculiarly
sensitive
defendant
wishes
establish
standing
must
risk
words
utters
may
later
used
incriminate
courts
allowed
admission
testimony
given
establish
standing
reasoned
violation
fifth
amendment
clause
testimony
voluntary
abstract
matter
may
well
true
defendant
compelled
testify
support
motion
suppress
sense
refrains
testifying
forgo
benefit
testimony
always
involuntary
matter
law
simply
given
obtain
benefit
however
assumption
underlies
reasoning
defendant
choice
may
refuse
testify
give
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assumption
applied
situation
benefit
gained
afforded
another
provision
bill
rights
undeniable
tension
created
thus
case
garrett
obliged
either
give
believed
advice
counsel
valid
fourth
amendment
claim
legal
effect
waive
fifth
amendment
privilege
circumstances
find
intolerable
one
constitutional
right
surrendered
order
assert
another
therefore
hold
defendant
testifies
support
motion
suppress
evidence
fourth
amendment
grounds
testimony
may
thereafter
admitted
trial
issue
guilt
unless
makes
objection
foregoing
reasons
affirm
judgment
appeals
far
relates
petitioner
simmons
reverse
judgment
respect
petitioner
garrett
remand
case
appeals
proceedings
consistent
opinion
ordered
footnotes
see
wall
identification
criminal
cases
see
see
see
people
evans
cal
reliability
identification
procedure
increased
allowing
one
two
five
eyewitnesses
view
pictures
simmons
thus
identified
simmons
later
displayed
eyewitnesses
lineup
thus
permitting
photographic
identification
supplemented
corporeal
identification
normally
accurate
see
wall
identification
criminal
cases
williams
identification
parades
crim
rev
also
probably
preferable
witnesses
shown
six
snapshots
snapshots
pictured
greater
number
individuals
proportionally
fewer
pictures
simmons
see
wall
supra
williams
supra
discussion
bill
floor
senate
senator
sponsor
bill
senate
stated
photographs
per
se
required
produced
bill
pictures
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statement
witness
course
part
cong
rec
see
wall
identification
criminal
cases
williams
identification
parades
crim
rev
garrett
also
initially
identified
photographs
later
date
simmons
identified
fewer
witnesses
simmons
even
witnesses
less
opportunity
see
robbery
simmons
record
opaque
number
type
photographs
garrett
shown
witnesses
circumstances
showings
however
unnecessary
decide
whether
garrett
prejudiced
district
failure
order
production
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conviction
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assigns
district
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permit
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defense
purposes
makes
new
law
reversing
garrett
conviction
ground
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allow
government
use
testimony
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upon
unsuccessful
motion
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evidence
allegedly
seized
violation
fourth
amendment
testimony
used
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hearing
owner
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charter
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garrett
conviction
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