State v. White (1994)
In State v. White, 229 Conn. 125, 143, 640 A.2d 572 (1994), a witness identified the defendant in a photographic array on two occasions. Id., 129.
On each occasion, however, the witness stated that he "had a slight doubt" that the defendant was the perpetrator and wanted to view the defendant in person to be positive about the identification. Id.
The defendant, who was being held at the Bridgeport correctional center on unrelated charges, was transported, pursuant to a document titled, "Motion for Order of Temporary Removal," to the Bridgeport police station for a lineup. Id., 147.
While at the police station, the defendant was placed in a lineup and was identified by the witness as the perpetrator. Id., 129.
On appeal, the defendant claimed that the identification should have been suppressed because the temporary removal was illegal. Id., 148. In holding that the defendant's detention for the lineup was not "warranted by law," the Court stated:
"We have long held that presentenced detainees have all the constitutional rights of members of society except those incident to their custody for safekeeping prior to judgment. . . . Under our state constitution, this includes the right not to be compelled to participate in police investigatory procedures unless clearly warranted by law." Id., 154.