How can an improper police lineup be challenged in New York?

Challenging an Improper Police Lineup in New York

So the police conducted a sketchy lineup and now you’re wondering if you can get it thrown out? You’re smart to be asking questions – improper police lineups happen way more often than you’d think. And they can totally screw up a case by pointing the finger at an innocent person.

The good news is New York actually has pretty decent laws letting defendants challenge biased lineups. You just have to know how to make it happen. That’s what I’m here to break down for you in simple, regular-person language. Let’s do this!

What Makes a Lineup Improper in New York?

There’s a few common ways a lineup can be unfair and violate New York law:

• The fillers don’t match the witness’s description of the perpetrator
• The procedures were suggestive (like telling the witness the suspect is in the lineup)
• The officers conducting it know who the suspect is
• The witness is asked to identify multiple suspects at once

Those are some red flags to look out for. If any of those happened, your defense attorney can argue the lineup was improper and try to get it excluded from your case.

How Do I Challenge an Improper Lineup?

There’s a couple ways to attack a biased lineup in New York:

1. File a pretrial motion to suppress the lineup ID
2. Challenge it at trial in front of the jury
3. Raise it as an issue on appeal if convicted

Let’s look at each of these options…

Pretrial Motion to Suppress

This is usually the first way to challenge a lineup. Your lawyer files legal papers asking the judge to throw out the identification and prohibit it from being used as evidence against you at trial.

To win suppression, your attorney has to show the lineup was “unduly suggestive” under New York law. This means it was conducted improperly and biased the witness towards choosing you. CPL §710.20 covers the rules for lineups in NY.

The judge will hold a hearing where both sides can argue about the lineup procedures. If the judge agrees it was suggestive, they’ll grant the motion and block the ID from your trial.

Attacking the Lineup at Trial

If the pretrial motion fails, your lawyer can still raise the lineup issues again at your criminal trial. This time, the arguments would be made in front of the jury.

Your attorney may cross-examine the eyewitness about the lineup procedures, or call an expert witness to explain how it was biased. The goal is to undermine the credibility of the identification so the jury doesn’t rely on it.

The jury won’t decide whether the lineup should be excluded. But poking holes in it could help raise reasonable doubt about your guilt.

Raising It on Appeal

If you’re convicted at trial, your lawyer can argue on appeal that the trial judge wrongly allowed an improper lineup into evidence. The appeals court can overturn your conviction if they agree the lineup should have been suppressed.

However, appeals courts give lots of deference to trial judges on these issues. That’s why fighting the lineup before trial is so important.

What Kinds of Lineups Can Be Challenged?

The main types of lineups that could potentially be excluded are:

• Live lineups – where the witness looks at a group of people in person
• Photo lineups – where the witness looks at mugshot photos
• Show-up identifications – where the witness is shown just the suspect alone

All these methods can be suggestive based on how they’re carried out. For instance, if the suspect really stands out from the fillers in a live lineup, that’s unfairly suggestive.

What Factors Do Judges Consider?

Some stuff judges look at when deciding whether to suppress a lineup ID include:

• The fillers should match the witness’s description
• Witnesses shouldn’t view multiple suspects together
• Officers shouldn’t know who the suspect is
• Instructions to the witness shouldn’t be suggestive

There’s a bunch of other factors too. The New York Court of Appeals has a whole long list of them. Basically the lineup should be neutral and not rigged against you.

Should I Testify at the Suppression Hearing?

This is something to talk over with your lawyer. Sometimes your testimony about what happened could be helpful. Like if the cops said stuff to pressure the witness to pick you.

But testifying also opens you up to cross-examination by the prosecutor. They may try to twist your words against you. So weigh the risks carefully.

What if the Lineup Was Suggestive But I’m Guilty?

You can still challenge an improper lineup even if you know you committed the crime. The point is to deter police misconduct and protect everyone’s rights, whether innocent or guilty.

As your lawyer, I have to defend your procedural rights no matter what. My duty is to hold the government accountable when they use shady practices.

Getting a biased lineup thrown out could lead to charges being lowered or dismissed. But you decide how to handle your overall defense.

Should I File a Complaint Against the Police?

If you feel the police clearly crossed a line, you could file a complaint with the Civilian Complaint Review Board or Internal Affairs Bureau in addition to challenging the lineup.

Even if it doesn’t impact your criminal case, reporting misconduct is important to establish a pattern and prevent future abuse. But it’s up to you whether to take that extra step.

Can I Sue the Police for a Biased Lineup?

You may potentially have grounds to sue for civil rights violations under 42 U.S.C. §1983 or state law claims like negligence. This allows citizens to sue police for misconduct.

A civil rights lawyer could help assess if you have a viable lawsuit based on an unduly suggestive lineup. The lawsuit would be separate from your criminal case.

The Bottom Line

Dealing with a sketchy police lineup totally sucks. But don’t panic! You have options under New York law to challenge improper identifications and prevent them from being used against you.

Work closely with your criminal defense lawyer to craft the right legal strategy. Getting an unfair lineup thrown out could seriously help your case. Don’t let the cops get away with these garbage lineups!