Can the police provide a victim with a photo array without getting a description of the suspect.

UPDATED: Nov 15, 2017

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Can the police provide a victim with a photo array without getting a description of the suspect.

This is in the state of maryland

Asked on November 15, 2017 under Criminal Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if there are potential suspects or "persons of interest" whom the police believe may be involved and whom they want to run past the victim. No law or case requires the victim to first provide a description. IF the police "lead" or influenced the victim to pick out a suspect, that can weaken or invalidate the identification, if it can be shown; but if the police simply set out a photo array and let the victim look through it and pick someone out, that is not likely to be a viable issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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