Call today (330) 336-3330

Daniel Gigiano Blog

Proudly Serving Medina, Summit and Wayne Counties

Unreliable Identification Cannot Be Used At Trial

If the identification procedure used by the police is suggestive and unnecessary, it is a violation of the accused person’s rights. The courts look at the corrupting effect of the suggestive identification against the witness’s ability to make an accurate identification.  Even if the witness had an adequate opportunity to view a suspect, the later use of a highly suggestive identification procedure can make the witness’ testimony inadmissible.  In other words, unreliable identification cannot be used at trial.

Courts consider a number of factors, including:

(1)        opportunity of the witness to view the criminal a the time of the crime;

(2)        the witness’ degree of attention;

(3)        the accuracy of the witness’ prior description of the criminal;

(4)        the level of certainty demonstrated by the witness at the confrontation; and

(5)        the length of time between the crime and the confrontation.


Ohio State Patrol Procedure Discredited


Despite the fact that this has been the law since the 1970’s, the Ohio State Patrol, as late as 2006, was presenting single photo line-ups to witnesses. To make matters worse, this was standard protocol.  Attorney Gigiano successfully challenged the Ohio State Patrol’s procedures.  The Medina Common Pleas judge suppressed the identification of the accused person because the one photo line up did not amount to real identification, but simply planted the image of the intended suspect into the witness’s mind.  Even if the witness could identify the suspect at trial, there would be no way of knowing if it was a real identification or the result of the faulty line-up.  Therefore, the judge said that the unreliable identification cannot be used at trial.  This set the stage for the subsequent trial on a felony theft charge in which a verdict of not guilty was issued by the jury.

How To Conduct A Photo Line Up


How should a photo line-up be conducted? With multiple photographs.  We all grew up watching crime shows and movies with numerous people in a line up.  Those line ups work.  Of course, even multiple photographs can be rigged.  If the witness gives a description of the suspect and only one photograph matches the description, the line up may still be unnecessarily suggestive.

Blogs, Case Highlights And Reviews Of Daniel Gigiano


To learn more, read my posts related to unreliable identification cannot be used at trial, where I wrote about Ohio juveniles can get adult sentences, when the agreed sentence is rejected by the judge in Ohio, Ohio legislature reduces prison terms, how to get less jail time in Ohio, Ohio jail time credit, changes to Ohio DUI laws, theft can be a felony in Ohio, are there shoplifting laws in Ohio, and sealing Ohio convictions. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section, where you will also find more details about the case in this article. My hard work and results are reflected in the positive reviews from my clients: working with Daniel Gigiano; reviewing Daniel Gigiano; and rating Daniel Gigiano.

Daniel Gigiano Works Hard To Find Police Errors


Attorney Gigiano’s office is located in Medina County, Ohio. If you have questions about how unreliable identification cannot be used at trial or other questions you need answered by an experienced Medina County criminal defense attorney in Wadsworth, please call Attorney Daniel F. Gigiano at 330-336-3330.