Why are the Fourth and Fifth Amendments not applicable in the identification context?

Question

What will be an ideal response?

Answer 1

The due process clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances arranged by law enforcement.

The Fifth Amendment's self-incrimination clause has also been invoked with regard to identification procedures. In particular, some defendants have argued that being forced to participate in a lineup or photographic array is itself incriminating and, as such, violates the Fifth Amendment. However, in United States v. Wade, 388 U.S. 218 (1967), the Court held that the privilege against self-incrimination does not limit the use of identification procedures. The Court's rationale was that even though incriminating information can result from identification procedures, such evidence is physical or real as opposed to testimonial.