After looking at the photographs and talking amongst themselves, they all agreed that Randy was the robber. Does Randy have a valid objection to the pretrial identification at his trial?
Randy was arrested and charged with armed robbery. Police took him to the station where they took an instant black and white Polaroid photograph of him and placed in a photo array with five other photographs of similar-looking men. Unfortunately, Randy's photograph was the only one not in color. Police then assembled four robbery victims in a room and placed the photo array in front of them and asked each victim if they could identify the robber.
What will be an ideal response?
ANSWER: Answers may vary: Similar to the Foster case, allowing victims to converse amongst themselves and compare notes with each other is an unduly suggestive pretrial identification, which would be Randy's objection.
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