Simmons v. United States
United States Supreme Court
390 U.S. 377 (1968)
Relevant factsFree
FBI agents showed bank robbery witnesses at least six photos including Simmons (defendant) the day after a brief afternoon robbery, and all five witnesses identified Simmons while none identified Andrews, who appeared in the same photos; Simmons argued the pretrial photo identification procedure was so suggestive it violated due process.
IssueFree
Whether a lineup or photo identification procedure violates the Due Process Clause when, on the facts, it was not so unfairly suggestive as to make an irreparable misidentification highly likely.