United States v. Montgomery (1998)
United States Court of Appeals for the Ninth Circuit
150 F.3d 983 (1998)
Bernard Montgomery (defendant), convicted of methamphetamine-related conspiracy and distribution charges, was identified at trial by chemical-supply employee Lance Blondin as the purchaser of a large quantity of a key methamphetamine ingredient; Blondin had initially identified Montgomery's photograph among three, then later requested the DEA fax him Montgomery's photo specifically to fix his identification firmly in mind, pinned that photo up and viewed it repeatedly, and viewed Montgomery in person in the courtroom (escorted by a DEA agent) the day before testifying, all to make sure he could confidently identify Montgomery at trial. Montgomery appealed, arguing these procedures were impermissibly suggestive and violated his due process rights.
Whether a non-imperative, pretrial identification procedure violates a defendant's due process rights when it emphasizes the focus upon a single individual thereby increasing the likelihood of misidentification and is not sufficiently reliable.