State v. Biggs

In State v. Biggs, 13 Conn. App. 12, 534 A.2d 1217 (1987), cert. denied, 207 Conn. 801, 540 A.2d 73 (1988), the Court stated that police departments should follow "our Supreme Court's suggestion that they preserve photographic arrays or at least make a notation as to which pictures were included in the arrays" and that "the failure to do so may, under certain circumstances, result in the exclusion of identification testimony and, perhaps, the unnecessary setting aside of an otherwise valid conviction." "The rationale behind the Supreme Court's suggestion is obvious. If the array is not preserved, the defendant will have a difficult, if not impossible, task in proving the suggestiveness of the array." Id., at 18.