People v. Waring

I agree that the circumstances underlying each of the photographic viewings in this case were highly suggestive. There may be a legitimate police purpose in having an undercover officer make a prompt photographic identification of a suspect in an ongoing investigation, prior to making any arrest, and preserving the photograph in the police file for future use. Here, however, the photographic viewing after the January 22, 1988 transaction occurred six days later, and, as was the case after each subsequent transaction, the identification suffered from all the forbidden attributes of…