United States v. Kinchen
United States v. Kinchen
Opinion of the Court
RULING
This matter is before the Court on the motion of defendant, Joshua Kinehen, to suppress evidence.
The defendant contends that the Court should suppress the identification made by a confidential informant because the photo
The Court must follow the rule that identifications “arising from single-photograph displays may be viewed in general with suspicion.”
The evidence reveals that the defendant drove an Expedition which he was driving when the transaction occurred. It is also clear from the record that approximately one year earlier, the defendant was stopped for a traffic violation, and the defendant told the police at that time that the Expedition was his vehicle. Vehicle registration records also reflect that the vehicle belonged to the defendant’s brother, Nathaniel Finchen, whom the confidential source knew.
Approximately seven months later the confidential informant also reviewed a six man photographic display which was presented to her by the police. It is clear from reviewing copies of the photographs which have been filed in the record and attached to the government’s opposition, that these photographs were not unduly suggestive nor was the confidential source’s identification unreliable. The Court’s review of the photographs caused the Court to initially conclude that all six photographs were very similar. The record reveals that the confidential source correctly selected photograph number five from the lineup very quickly and without delay.
In reviewing the stipulated testimony of the other evidence in the case, the Court believes that the confidential source used extreme caution before conducting a drug deal with the individual involved because she initially did not recognize the individual. She took time to call the person who was supposed to be present for the drug deal to verify that the person who was in the Expedition was the correct person. In addition, it appears to the Court from a review of the record that the confidential source had a good look at the defendant. Shortly after the drug deal, as noted earlier, the defendant correctly and quickly identified the defendant from the single
In Herrera v. Collins,
In Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), the Supreme Court announced the now familiar rule that a conviction based on an eyewitness identification at trial following a pretrial identification by photograph will be set aside only if the identification procedure was so impermissibly suggestive as to give rise to a substantial likelihood of misidentification. As this court has acknowledged, the admissibility of identification evidence is governed by a two-step analysis. Initially, a determination must be made as to whether the identification procedure was impermissibly suggestive. Next, the court must determine whether, under the totality of the circumstances, the suggestiveness leads to a substantial likelihood of a repairable misidentification.8
The Fifth Circuit further stated:
In Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977), the Supreme Court indicated that “reliability is the linchpin” when examining the totality of the circumstances to “deter-min[e] the admissibility of identification testimony.” Id. at 114, 97 S.Ct. at 2253. Even an impermissibly suggestive identification procedure does not violate due process so long as the identification possesses sufficient aspects of reliability. The Supreme Court has set forth several factors to be considered when reviewing the reliability of a pretrial identification. These factors include: “(1) the opportunity of the witness to view the criminal, (2) the witness’s degree of attention (3) the accuracy of the description, (4) the witness’s level of certainty, (5) the elapsed time between the crime and the identification, and (6) corrupting influence of the suggestive identification itself.”9
The Court believes that under the facts of this case it was crucial for the law enforcement officers to act quickly in determining who the drug dealer was. In addition, there is no indication in the record that the officers in this case did or said anything suggestive when showing any of the pictures to the confidential source. While the Court concedes that presenting a single picture is somewhat less than ideal, under the facts of this case the Court does not find that the procedure followed in this case was impermissibly suggestive. The Court further finds after applying the Supreme Court’s analysis in the Biggers case, that under the totality of certain circumstances under the facts of this case, there was no substantial likelihood of misidentification. Furthermore, the Court believes that the quickness in which the confidential informant acted, the accuracy of her description and identification of the defendant in this case are additional facts that support the Court’s conclusion that there was no constitutional violation of the identification process in this case. As noted earlier, the Court cannot ignore the fact that the confidential informant initially identified the defendant
Because this Court is satisfied that there was no due process violation in the identification process under the facts of this case, the motion of the defendant to suppress the identification testimony is hereby denied.
. Rec. Doc. No. 16.
. Rec. Doc. No. 85.
. Rec. Doc. No. 25.
. Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977).
. Manson, 432 U.S. at 116, 97 S.Ct. at 2254 (citing Simmons v. U.S., 390 U.S. 377, 383, 88 S.Ct. 967, 19 L.Ed.2d 1247).
. Id. at 114, 97 S.Ct. 2243.
. 904 F.2d 944 (5th Cir. 1990).
. Id., 904 F.2d at 946; see, U.S. v. Shaw, 894 F.2d 689, 692 (5th Cir. 1990).
. Id. at 947.
Reference
- Full Case Name
- United States v. Joshua Jermaine KINCHEN
- Status
- Published