Moore v. Illinois

In Moore v. Illinois (1977) 434 U.S. 220, a rape victim chose numerous photographs from two photographic lineups. She was later taken to the preliminary hearing by police, and told by police that she was going to view a suspect and should identify him if she could. Police also had the victim sign a complaint naming the defendant as her assailant. At the hearing, the prosecutor stated that police had found evidence, a notebook, linking the defendant with the offenses charged. The victim then identified the defendant. The Supreme Court found the identification procedure was unduly suggestive (id. at pp. 229-230), and held the defendant's rights had been violated because it was conducted in the absence of counsel. (Id. at pp. 231-232.)