MCOLES State Licensing Practice Exam

True or False. You cannot legally show a lineup where the suspect is not in the lineup being presented.

1. True

2. False

3. It depends on jurisdiction

4. Only if a warrant is present

The correct answer is: False

The correct answer is based on the principle that a lineup must include the suspect among the individuals displayed to ensure fairness and reliability for identification purposes. Presenting a lineup without the suspect can lead to suggestive identification, undermining the integrity of the witness's recognition and potentially affecting the reliability of the evidence gathered. In legal contexts, the fairness of the lineup is critical for it to be admissible in court. If a suspect is not included, it may be viewed as coercive or leading, which can jeopardize the prosecution's case and raise concerns about the due process rights of the suspect. While jurisdictions may have varying rules regarding specific procedures and regulations related to lineups, the fundamental requirement that a suspect should be present in the lineup being shown remains intact to ensure the identification process is conducted fairly. Thus, the assertion that one cannot legally show a lineup where the suspect is not present is false.