Viewing suspect photos simultaneously, rather than in succession, is not unduly suggestive and does not violate the due process rights of the defendant
Commonwealth v. Thomas, 2017 BL 42301, Mass., No. SJC-12055, 2/13/17.
The Massachusetts Supreme Judicial Court has backed away from an earlier ruling that suggested that photo line-ups for suspect identification should be shown in succession, rather finding that simultaneously showing a collection of photos is not unduly suggestive. In the recent decision, the court pointed towards new studies that indicate that sequentially showing photographs to witnesses for suspect identification were not only more likely to incorrectly choose the suspect, but that they were more likely to choose a completely innocent person. The court affirmed the trial court’s decision to deny the defendant’s motion to suppress the photo identification evidence.