State v. Wise

Defendant appeals his convictions for burglary in the first degree and rape in the first degree, contending that the trial court erred in denying his pretrial motions to suppress physical evidence, including photographs of defendant, and out-of-court identifications of defendant, all of which are claimed to be the fruit of an unlawful stop, and to exclude the same photographic throw-down identification and out-of-court line-up identification as being unduly suggestive. We affirm.

On January 25, 1980, at 1:20 a.m., police officers Kerns and Wisdom observed a pickup truck pull into the parking…