Perry v. New Hampshire

Supreme Court of the United States

565 U.S. 228 (2012)

January 11, 2012

Due Process does not require a preliminary judicial inquiry into the reliability of an eyewitness identification if the identification was not procured under “unnecessarily suggestive” circumstances arranged by law enforcement.

Relevant Facts

Plaintiff (Perry) was convicted for breaking into a car. Witnesses report observing Perry breaking into the car and identify him to the police at the scene. However, the witness was unable to pick out Perry from a line of photos and was unable to describe Perry to the police. However, a second witness successfully identified Perry. Perry files suit against the State of New Hampshire to suppress the photos used by the police on grounds they were “unnecessarily suggestive”.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 30, 2020

Judicial Opinion

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Procedural History

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Citations

565 U.S. 228 (2012)