Liability & LegalQuestion 115 of 200
A guard asks a victim to identify a suspect by showing the victim the detained person alone (no lineup). The risk of this 'show-up' identification is:
a.There is no risk; show-ups are always reliable
b.Show-ups are unlawful in California
c.Show-ups are unduly suggestive and risk misidentification; while permitted in narrow circumstances (prompt, near the scene), they should be conducted carefully — and a misidentification can lead to false-arrest, defamation, and civil rights liability for the guard and PPO
d.Show-ups must always be conducted in a police station
Explanation
Single-person show-up identifications are inherently suggestive: the witness sees one detained person and is implicitly asked 'is that the one?' Courts permit show-ups in limited circumstances (prompt, near the scene, when reliability outweighs suggestiveness) under the Manson v. Brathwaite (1977) 432 U.S. 98 totality test. Best practices: avoid coaching, conduct the show-up promptly, and document procedure thoroughly. Misidentification risk is real and can lead to detaining the wrong person — exposing the guard and PPO to false-imprisonment, battery, and Bane Act liability. For non-time-critical identifications, defer to police lineup procedures.
Law Reference: Manson v. Brathwaite, 432 U.S. 98 (1977); People v. Kennedy (2005) 36 Cal.4th 595Practice all 200 questions free — no signup required.
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