Bryan v. State

“A state may not rely in a criminal prosecution . . . on an identification secured by a process in which the search for truth is made secondary to the quest for a conviction.” 1

Sometimes a singleminded law enforcement officer finds it difficult to keep the totality of circumstances in mind when showing photographs to witnesses. I would reverse Bryan’s conviction because one of Florida’s most experienced law enforcement officers conducted identification procedures in a prejudicial manner. I write at some length about the problems involved because of the frequency with which they are…