State v. Wheeler

In State v. Wheeler, 34 N.C. App. 243, 251, 237 S.E.2d 874, 879 (1977), the Court held that an inadvertent identification of a defendant while both the person making the identification and the defendant were in the police station does not constitute an illegal lineup as proceedings have not yet begun against the defendant. Moreover, the Court held that an inadvertent viewing of a defendant by the testifying witness is not "so impermissibly suggestive that it tainted . . . the in-court identification." Id.