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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

A single photographic identification of an alleged assailant rarely survives due process scrutiny.&nbsp; And the Michigan Supreme court reinforced why in&nbsp;<a href="http://publicdocs.courts.mi.gov:81/SCT/PUBLIC/ORDERS/155245_94_01.pdf" target="_blank" rel="noopener"><em>People v Thomas</em>, Case No. 155245</a>.&nbsp; In lieu of granting leave to appeal, the Court reversed a divided Court of Appeals and reinstated the trial court's dismissal of the case because the victim's identification of the defendant from a single cell phone picture was unreliable.

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We previously blogged about this case <a href="http://~/Blogs/Appellate/June-2017/MSC-to-hear-oral-argument-on-whether-single-photog" target="_blank" rel="noreferrer noopener">here</a>.  Following a brief assault outside a gas station, the victim was shot and transported to the hospital.  A police officer arrived at the scene shortly thereafter and took a single picture of the defendant--who matched the generic physical description given by the victim--as he stood at the gas station.  Later at the hospital, the victim was shown the picture and was asked "was this the guy that shot you?"

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In a short order, the Supreme Court noted that a "police officer showing a victim just a single photograph is one of the most suggestive photographic identification procedures that can be used."&nbsp; Failing to find any of the "mortal exigenc[ies]" that might excuse such a suggestive procedure, the Court reversed and reinstated dismissal for a violation of due process.

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Adam T. Ratliff

Labor and Employment

MSC: Single photographic identification was unfairly suggestive

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MSC: Single photographic identification was unfairly suggestive

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