A police lineup in its basic form is where the accused lines up with other people in a row and the alleged crime victim tries to point out and identify who the culprit is. The people in the line can be police officers in civilian clothes, they can be other inmates or a host of people. Lineups are classic police investigative techniques.
Utah’s lineup criminal law is found at Utah Code Ann. 77-8-1 (2020).
A judge can order a lineup at any time during the criminal proceedings if there is probable cause to have a lineup. A police officer can order a lineup of any person who has been arrested and is in police custody. If you are not in custody, a judge can order you to be in a lineup if there is good cause to have one.
Utah law requires that the police tell you that you have the right to have an attorney present during any lineup. The statute languages states the police “shall” inform you of your right to an attorney. If you cannot afford a private attorney, one will be appointed for you, i.e., a public defender.
Each police department should have internal police regulating how that police department conducts lineups. Further, Utah law states that police are not to influence the identification of any particular defendant in the lineup. The entire lineup procedure shall be recorded, including all conversations between the witnesses and the conducting peace officers. The suspect shall have access to and may make copies of the record and any photographs taken of him or any other persons in connection with the lineup. You can challenge the lineup that identified you by showing the Utah lineup was unconstitutional under either the Utah or United States Constitution.
Police will sometimes conduct informal lineups at the scene by having a witness compare state issued identification cards or other picture ID. Some lineups are very formal with auditorium style stages and glass one-way mirrors so the defendant can’t see who is viewing them. Another style of lineup is to bring the complaining witness into the room and directly confront the witness with the accused.
Lineups can occur when you are in custody, or while you are on bail (out of custody). Lineups can be voluntary, where you voluntarily come to the police station
Police lineups need to scrutinized carefully by your retained Utah criminal defense attorney. TXT/CALL UTAH CRIMINAL DEFENSE ATTORNEY Jake Gunter at (801) 373-6345 to discuss your Utah criminal charges.
