State v. Richie

In State v. Richie, 110 Ariz. 590, 593, 521 P.2d 1136, 1139 (1974), the victim identified three robbers in a photographic lineup. 110 Ariz. at 591, 521 P.2d at 1137. An officer then told the victim before the preliminary hearing that "he had chosen the correct pictures and that two of the suspects were already in custody including the defendant." Id. The trial court denied the defendant's motion to suppress the victim's proposed in-court identification, urged on the ground that the police officer's comment tainted the identification process. Id. In affirming, our supreme court concluded, "where the lineup was not suggestive in the first place, such subsequent comments cannot taint an initially fair identification procedure or the in-court identification." Id. at 593, 521 P.2d at 1139.