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Montana Title 46. Criminal Procedure § 46-4-502. Lineup procedure

Current as of January 01, 2024 | Updated by Findlaw Staff

A lineup conducted by a law enforcement agency of this state or any political subdivision must meet the following requirements:

(1) The peace officer who is the administrator of a live or photographic lineup must be unaware of which person in the lineup is the suspected perpetrator of the crime under investigation or, if that is not practicable, the administrator shall use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness.

(2) Before the lineup is administered, the eyewitness must be instructed that the suspected perpetrator may or may not be in the lineup.

(3) Any person who is not the suspected perpetrator in the lineup must be substantially similar to the eyewitness's description of the suspected perpetrator.

(4) Immediately after an identification is made, the eyewitness shall provide a statement in the eyewitness's own words that articulates the level of the eyewitness's confidence in the identification.

(5) A failure to comply with any of the requirements of this section must be:

(a) considered by a court in adjudicating a motion to suppress eyewitness identification; and

(b) admissible in support of a claim of eyewitness misidentification if the evidence is otherwise admissible.

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-4-502. Lineup procedure - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-4-502/

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