People v. Winters

In People v. Winters, 225 Mich App 718, 721-727; 571 NW2d 764 (1997), the Court considered the issue of on the-scene identifications. In that case, the Court held that "it is proper and does not offend the Anderson requirements for the police to promptly conduct an on-the-scene identification." Id. at 727. Such identifications are a reasonable and indispensable police practice "because they permit the police to immediately decide whether there is a reasonable likelihood that the suspect is connected with the crime and subject to arrest, or merely an unfortunate victim of circumstance." Id. at 728. As in Winters, this "on-the-scene corporeal identification, within minutes after the crime occurred, was not only reasonable, but necessary police practice." Id. at 728-729. The Court surveyed the various developments in Michigan law concerning suspects' right to counsel attendant to corporeal identifications in the field. The right to counsel guaranteed by the federal constitution "attaches only to corporeal identifications conducted at or after the initiation of adversary judicial criminal proceedings," Winters, supra at 725, citing Moore v. Illinois, 434 U.S. 200, 226-227; 98 S Ct 458; 54 L. Ed. 2d 424 (1977). However, our state constitution, and our Supreme Court's power to establish rules of evidence, have given rise in some instances to a broader right to counsel than that guaranteed by the federal charter. Winters, supra at 723, citing Const 1963, art 1, 20 and People v. Jackson, 391 Mich 323, 338-339; 217 NW2d 22 (1974).