01-07-08 A-2921-04T4
In this appeal, the court reversed the denial of
defendant's motion to suppress an out-of-court identification
because the Attorney General's "Guidelines for Preparing and
Conducting Photo and Live Lineup Identification Procedures" were
materially breached by the investigating officers' intrusion
into an eyewitness's examination of a photographic array. The
court concluded that this breach of the guidelines gave rise to
a presumption of impermissible suggestiveness and required that
a new Wade hearing regarding the reliability of the
identification be conducted.
