United States v. Rulford - No. 0:20-cr-00244-PAM-KMM, 2021 U.S. Dist. LEXIS 189980 (D. Minn. Aug. 20, 2021)

Rule:

An eyewitness identification should be suppressed as a due process violation where "improper police conduct created a 'substantial likelihood of misidentification.

Facts:

This matter is before the Court on Defendant Tayrel Lamar Rulford's Motion to Suppress Eyewitness Identifications. (ECF No. 31). The Court held a hearing that included the testimony of former Brooklyn Center Police Department Officer Eric Wick, who was involved in the defendant’s arrest and the subsequent eyewitness identifications, and numerous exhibits were introduced into evidence. Defendant asked the Court to suppress four separate "show-up" eyewitness identifications as unduly suggestive and unreliable in contravention of his due process rights.

Issue:

Was the identification procedure violates the defendant’s right to due process?

Answer:

No. The Court found that the introduction of the identification procedures described at the defendant’s trial would not violate his due process rights. The court then recommends that the Motion to Suppress be denied.

Conclusion:

The Court considered the totality of the circumstances regarding reliability and weighs them against the suggestiveness of the show-ups. The Court readily concludes that the identifications were sufficiently reliable and their admission would not violate the defendant’s due process rights. Moreover, each witness had sufficient opportunity to view the suspect, all four expressed a high level of confidence in identifying the defendant, a degree of certainty that was credible in light of the circumstances. Although the show-ups were certainly suggestive, each witness had a sufficiently independent basis for being able to identify the defendant. The bar for suppression is a high one, and it has not been met here. Thus, the court recommended that the Motion to Suppress Eyewitness Identifications be denied.