Often in the field, investigators may locate and detain a suspect while still having other officers in
Question:
Often in the field, investigators may locate and detain a suspect while still having other officers in contact with the victim. As a means of ensuring that the correct suspect has been identified, they will often conduct what is referred to as a "show up" or "drive by" identification. Suppose an armed robbery victim gets a good long look at the suspect during a show-up, but the court later finds that the show up was unduly suggestive - the defendant was being held by the arms with uniformed police officers with their guns out and was in handcuffs.
Should the victim still be permitted to identify the defendant in the courtroom based on having seen him during the armed robbery?Or has the victim's ability to identify the armed robber been irretrievably tainted by the improper show-up - in other words, the victim would not be able to separate his memory of the robbery itself from his memory of the show-up?
What factors should the court consider in deciding if the in-court identification should be permitted?