The Twenty-Minute Show-Up
At 11:05 p.m. a convenience store clerk reports an armed robbery. The suspect fled on foot. Description: male, about 5-foot-10, red hoodie, black backpack, displayed a handgun. Twenty minutes later, three blocks away, you stop a man matching the clothing and height. He is sweating, breathing hard, and has no backpack. You handcuff him and place him in the back of your patrol car. The clerk is driven to the scene and, under your spotlight, looks at the man through the car window for about ten seconds. The clerk says, 'That looks like him. I'm pretty sure, but I can't be a hundred percent.'
1. Evaluate the reliability of this identification and the suggestiveness of the procedure.
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A one-person show-up with the suspect handcuffed in a patrol car is inherently suggestive. Reliability depends on the witness's opportunity to observe, the lighting, the stress of the event, the length of exposure, the specificity of the description, the time between the crime and the show-up, and the witness's certainty. Here the description is generic, the suspect lacks the backpack, and the clerk's 'pretty sure' is qualified. Sweating and heavy breathing are consistent with flight but also with other causes. The identification is weak corroboration, not a strong independent basis for probable cause.
2. Do you have probable cause to arrest? What do you do next?
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Not on this identification alone. You have reasonable suspicion to detain while you investigate. Corroborate: canvas for video, look for the backpack and handgun along the flight path, check the suspect's hands and clothing for store merchandise or other evidence, interview the clerk about the details, and check for prior contacts. If the corroboration is strong, arrest; if not, release and document. Avoid repeating suggestive procedures and do not tell the witness the suspect is the person. If a lineup is later needed, use a proper sequential procedure with fillers.
3. What must you document, and why?
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Record the clerk's exact words, not a paraphrase that sounds more certain. Document the conditions: spotlight, handcuffs, patrol car, duration, distance, who was present, and any statements or gestures by officers that could have suggested the answer. Note the suspect's appearance, sweating, clothing, and missing backpack. Document your investigative steps and the basis for detention or release. This record lets a court assess reliability and protects against a later claim that the identification was tainted.