A COURT ORDER COMPELLING AN INDIVIDUAL TO APPEAR IN A LINEUP IS INVALID UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THE INDIVIDUAL COMMITTED THE OFFENSE UNDER INVESTIGATION

In the case of In re Armed Robbery, a unanimous Washington Supreme Court held that unless probable cause exists, a court order requiring an individual to appear in a lineup, when that person is not in legal custody or otherwise properly detained, violates the federal and state’ constitutions. The court found that requiring a person to appear in a lineup constitutes a seizure. Since such a seizure does not fall under one of the exceptions to the probable cause requirement, the order was invalid. Armed Robbery makes clear that under the Washington State Constitution, court-ordered participation in a live lineup is a substantial intrusion into an individual’s freedom that cannot be justified on less than probable cause. The Armed Robbery decision illustrates that the Washington Supreme Court is endeavoring to base its fourth amendment decisions on the United States Constitution, while reserving the right to extend greater protection to the individual under the Washington State Constitution.

Read more

Glenn L. Harvey, A COURT ORDER COMPELLING AN INDIVIDUAL TO APPEAR IN A LINEUP IS INVALID UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THE INDIVIDUAL COMMITTED THE OFFENSE UNDER INVESTIGATION, 19 Gonz L. Rev. 175 (1983).

Comments are closed.