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To: SirJohnBarleycorn
The 2 IDs made to date were, according to news reports, made from a photo lineup consisting only of Duke lacrosse players

That makes them inadmissable right?

1,368 posted on 04/20/2006 11:21:29 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Neverforget01

A judge would have to rule that the manner in which the ID was made was so unfair as to be contrary to constitutional requirements of due process. If the process was in fact as described in the news report, yes, I could see how a judge could reach that conclusion and exclude the photo ID evidence.

Apparently the procedure may also have contravened recent North Carolina rules applicable to preparing photo lineups, but I don't know whether the remedy for violating that is to exclude the evidence or rather slap the police detectives on the wrist.


1,374 posted on 04/20/2006 11:28:27 PM PDT by SirJohnBarleycorn
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To: Neverforget01

Yes, according to NC law, I believe it does.


1,415 posted on 04/21/2006 2:11:04 AM PDT by Jezebelle
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