"Show Up" / "Line Up" Procedural question...

Does anyone think this procedure is "OK" or is it possibly a violation of Due Process?
Would you condone doing this?
Should the "ID of the suspect" be thrown out?
Should the case be thrown out by the SAO?
Any comments?

A victim is in a physical fight with one suspect on the side of the road and the victim is the only wittness.
The Deputy arrives and the victim provides a partial tag# (of the vehicle the suspect was driving prior to exiting the vehicle to engage the victim) to the Deputy.
The Deputy then shows the victim a FLDL photo of only the suspect on his laptop and says, "Is that him?" The victim says "yes".
The Deputy then writes a PCA but the SAO declines to use his PCA for an arrest.
One week later a Detective conducts a "FLDL photo lineup" and the victim ID's the same suspect. This PCA is then used to obtain an arrest warrant. The suspect is then arrested and charged with Battery.

What do you think about this??? :roll:

Also understand:

Try to just respond on the scenario only as it is written above......there is no other evidence, etc.....

Also understand:

Try to just respond on the scenario only as it is written above......there is no other evidence, etc.....

Who cares? On to the next call...

Does anyone think this procedure is "OK" or is it possibly a violation of Due Process?
Would you condone doing this?
Should the "ID of the suspect" be thrown out?
Should the case be thrown out by the SAO?
Any comments?

A victim is in a physical fight with one suspect on the side of the road and the victim is the only wittness.
The Deputy arrives and the victim provides a partial tag# (of the vehicle the suspect was driving prior to exiting the vehicle to engage the victim) to the Deputy.
The Deputy then shows the victim a FLDL photo of only the suspect on his laptop and says, "Is that him?" The victim says "yes".
The Deputy then writes a PCA but the SAO declines to use his PCA for an arrest.
One week later a Detective conducts a "FLDL photo lineup" and the victim ID's the same suspect. This PCA is then used to obtain an arrest warrant. The suspect is then arrested and charged with Battery.

What do you think about this??? :roll:

It would appear that the single photo ID compromises the subsequent multi-photo ID.

Let the SAO make the call; not our job.

[The Nitely Blog]

The SAO handled the situation the right way. If the suspect was unknown to the victim and was unable to be located by the deputy in a timely manner then a complete photo pack is the way to go based on the scenario you have given. The case needs alot more investigating before the "suspect" can be arrested other than just the victims statements. What caused the fight? Who started it and how did the two combatants come into contact with eachother? Was the incident an affray as opposed to a simple battery? Is there the potential for further violence between the two involved parties or could the incident have been handled without an arrest and with a simple Request for Prosecution form issued to the "victim?" Just some of the questions I would have wanted answered before I tried to obtain an arrest warrant on someone without interviewing them. There are many other questions that would need to be asked to both parties involved as well but the scenario you provide is a little incomplete my man. Sorry if you disagree but this is just my opinion.

If the suspect is unknown to the victim, then showing them a single DL/Arrest/or any other type of single photo, would be the wrong way to go. You would have to do a photo pack. Now if the suspect is partial known, IE I went to school with him and I think his last name is So and So, then you can go with the single pic Id, but the use of a photo pack is still the best way to go

[Average Joe]

Answer for the question as posted.......dumb move by the deputy. Based on what was posted the detective could never construct a photo pack that would hold up to a court challenge.

Average Joe, Darkhorse, guest:

Thanks for your input; I agree with you all but I still had to ask-wanted a few more opinions / insight, etc.