We've got a case where the vic can't pick the suspect out of a photographic lineup but thinks they can identify the suspect's distinctive vehicle. Is a vehicle photographic lineup necessary or advisable? Has anyone done one of these?

Automobile Lineup

(and if someone could please help me learn how to host pictures on the forum, I could quit using links! )

[This message was edited by Gretchen on 10-26-07 at .]

Gretchen, thanks for the example but I really don't think I can use that one. Seriously now..., I've only found one Texas case that mentions a vehicular photographic lineup and John and Ken didn't put it in the predicate manual so what's up with that??? I've got pictures of the suspect's vehicle. Has anyone done such a lineup or do you normally just show the photo of the suspect vehicle and see if it can be identified?

I had a vehicle lineup in a case. They can be difficult. In mine, they had 6 or 8 dark colored cars in similar states of dirtyness and disrepair. Defense counsel harped on fact that some cars did not match witness description of make and model, some photos were not turned at same angle, one car had a stripe, etc.

Make sure to obscure the plate numbers.

The car lineup was not challenged on appeal to my knowledge, so no opinion.

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Originally posted by Gretchen:
http://www.roadsideamerica.com/attract/TXAMAcadillac.html

(and if someone could please help me learn how to host pictures on the forum, I could quit using links! )

[This message was edited by Gretchen on 10-26-07 at .]

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I've long suspected that Scott B might actually have been the driving artistic force behind Stanley's monument to automotive history.

Seriously, I too have used a vehicle lineup in a case involving a dark accord-like vehicle. The victim couldn't pick out a car. The investigators did a good job of finding photos online that were similar to each other in color and design (honda, mitisubishi, toyota, etc).

If your car is a super distinctive vehicle (lime green and pink lowered chevy pickup with flames), then the description of the vehicle might work as an identification even if the victim never viewed a lineup.

By that I mean if D's vehicle is so distinctive that if I am looking at a photo of D's vehicle as victim is describing it to me and I say, "this is the car they are describing", then perhaps you don't need a lineup at all.

Is there such a thing as an automotive sketch artist?

If the vehicle is a customized vehicle then it would be difficult if not impossible to conduct a lineup. I would have the victim fully describe the vehicle in a written statement, signed, dated with time and notarized/witnessed, then show them a picture and have them sign, date and note the time if they ID it. If they don't ID it and it is a picture of the D's vehicle then I believe that would be exculpatory.

Thus in court you could say that the victim had fully described the vehicle in detail before being shown a picture of the vehicle and a postive id being made, as an argument against the victim's recollection having been tainted by the viewing.

But it's either show them the picture before trial or have the D atty possibly show them a picture (which may or may not be as representative of the vehicle as the picture you have) and risk having the D atty bring this out in trial. I always believe in stealing the thunder of a d atty on a non-id issue like that whenever possible.

Of course Mike, you have forgotten more law than I know, so I'm not telling you how to try your lawsuit.

Thanks for the responses! Your input will certainly help. Please don't hesitate to call on me if I can help in any way. And Greg, I've been in this business for a while but I welcome, appreciate, and need all of the help that I can get. Thanks again.