United States v. Crews

The defendant was seen in the general area of some recent crimes. He resembled a police “lookout” that described the perpetrator. An eyewitness to one of the crimes tentatively identified the defendant to a law enforcement officer as he left a nearby restroom. The officers detained the defendant and summoned the detective assigned to the robberies. Upon his arrival ten to fifteen minutes later, his attempt to take a photograph of the defendant was thwarted by the inclement weather. The officers then took the defendant into custody, ostensibly because he was a suspected truant. The officers took a photograph of the defendant at the station.

The following day, the police showed the first victim a photo display including a photo of the defendant. She immediately selected the defendant as her assailant. Later, another victim made a similar identification. The officers arrested the defendant. At a courtordered lineup, the two women who had previously made the photographic identifications positively identified the defendant as their assailant. The defendant was later identified in court by the two witnesses.