Police line-up participation

[WillMack]

What is the name of your state? Michigan

Hello all, I was amazed how difficult it is to find the answer to my question.. Thanks in advance to all.

I am wondering if a detainee has the right to refuse participation in a line-up?
What would be the penalties be?

for example, I was arrested as a passenger in a stolen vehicle.. (I know.. I know, we're too old for this).

My phone call privilige was understandably revoked/postponed. (I can't be calling my 'posse' to get rid of any witnesses now, can I?) I don't have a gripe with that.

Subsequently, it was insisted that I participate in a line-up. I might add this line-up was for a car-jacking which took place days before. I protested this, but was made to believe I had no choice. I did not want anyone from my community to possibly recognize me under these embarrassing circumstances.

Lo, and behold! The suspect bore a striking reselmblance to me, haha, only about 6" shorter. We were made to make threatening gestures, and repeat obceneties on cue... I may never recouperate from this atrocity, oh the pain!! jk

The victim actually picked me as the suspect, poor soul, she seemed quite distraught. Now the suspect will probably not be charged.. But anyway..

Did I really HAVE to go through the line-up process? I don't plan to waste my time suing, just neeed to know for peace of mind.

 

[stephenk]

Yes you do. you are a suspect in a crime and in custody.

 

[WillMack]

Yes you do. you are a suspect in a crime and in custody.

Granted, I assumed as much. But understand, I was NOT the suspect in the line-up for the carjacking case.. only a random fill-in, do the same rules still apply?

BTW, a 'friend' was giving me a ride to work in his newly aquired car, which supposedly he did not know was stolen. (Friends don't let friends ride in stolen cars, eh?)

Thanks for the clarification.

 

[michsisu]

Interesting. I've often wondered where they got all the extras for the line ups. At least you made good use of your time in custody.
You should also find out if your name is going to show up in the court documents for stolen vehicle case. That could be embarrassing if the county publishes them online!

 

[belli]

I've never had the priviledge of standing in a line-up so forgive my ignorance regarding the procedure. I agree that as a detainee your right to refuse may be limited. What I'd like to know is how would they make you? I mean if you just say, "Hey pig. Go fvck yourself." and then refuse to comply how would they force you to do it?

It probably doesn't come up too often so there may not be an answer.

 

[WillMack]

I've never had the priviledge of standing in a line-up so forgive my ignorance regarding the procedure. I agree that as a detainee your right to refuse may be limited. What I'd like to know is how would they make you? I mean if you just say, "Hey pig. Go fvck yourself." and then refuse to comply how would they force you to do it?

It probably doesn't come up too often so there may not be an answer.

Now that you mention it, one of the other detainees did ask to be escorted back to his cell.. The presiding officer threatened back at us "Are you being insubordinate?"
Or something along those lines.. I wonder if these were only empty threats, but this took place in the belly of the beast. Downtown Detroit. I ponder whats worse, being locked in a room with 4 criminals or 4 cops? I wasn't going to be the example who found out.. So live and learn.
Still no definite asnwer though.

 

[LawGirl10]

Contact an attorney. Michigan has case law on when an attorney is or is not needed for an in-custody suspect to participate in a liineup

 

[WillMack]

I finallllly found the answer.. wow.. this is certainly not a hot issue, but it's suprising to find all the web searches, atty's and officers I'd asked were unaware of this answer.

sorry... I lost the friggin link.. It was from a page concerning new technology being used in photo line-ups.


A detainee cannot be made to participate as an extra in police line-ups. Incentives such as ciggarettes, time out of cell, (and in my case not being beaten )may be offered to intice participation. Some smaller cities hire temps, or use officers in plain clothes as stand-ins for line-ups.

This answer was certainly hard to find.