How to Avoid Legal Malpractice
Emergency Doctrine Held Inapplicable

Creative Photo Arrays

Check out this post  from Indignant Indigent for a very humorous take on the Third Department's decision in People v. Colon.  In this case, the Court considered whether a photo array was unduly suggestive, where the police placed the defendant's photo alongside five other photos of men whose facial hair appeared to be "drawn in."  Surprisingly, the Court concluded that the photo array was not unduly suggestive.   

My favorite part of Eric's post is this line:

No word yet on whether budding police Rembrandts can legally pencil in black eyes, devil horns or cheek scars.

Eric also constructed a very funny sample photo array.  Go on over and take a look.


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What they should have done in that case is find a beardless mug shot of the guy and draw a beard on him too so that all beards were drawn on. There must be a real shortage of bearded perps in the 3rd Dept!

Nicole Black

That probably would have been an easier fix and would have made more sense. But, then again, I'm never surprised anymore by the lack of sense that I sometimes stumble across in criminal cases!

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