Peripheral charges connected to the arrangement of the array and other acts, such as conspiracy, civil rights violations and obstruction, would be criminal. In other words, the whole photo line-up thingy could be part of cumulative evidence of a crime rather than a crime itself (which it would not be - you are correct).
Correct if the purpose of the photo array was to on purpose frame innocent people, that would be criminal. If the purpose of the photo array was to try to convict someone the DA really thinks is guilty, it would just be thrown out if found to be counter to judical law. This is of course why Nifong is working so hard to maintain plausible deniability and not look at the evidence.