Which pretrial identification method is not allowed under the MBE before charges (pre-charge)?

Which pretrial identification method is not allowed under the MBE before charges (pre-charge)?

• A. Line-up is allowed
• B. Show-up is allowed
• C. Photo-array is not allowed
• D. All three are allowed

Answer: (C)

The main idea is how pretrial identifications are limited by due process concerns, even before charges are filed. Courts focus on reliability and avoiding unnecessary suggestiveness when the government identifies a suspect. A live lineup or a show-up can be used before charges if conducted carefully to minimize suggestiveness and to preserve reliability. A photo array, on the other hand, is considered more prone to prompting an identification that’s not truly reliable, and the MBE treats it as not allowed in the pre-charge stage. So, before charges, you won’t see a photo array, but lineups and show-ups are permissible under proper safeguards.

The main idea is how pretrial identifications are limited by due process concerns, even before charges are filed. Courts focus on reliability and avoiding unnecessary suggestiveness when the government identifies a suspect.

A live lineup or a show-up can be used before charges if conducted carefully to minimize suggestiveness and to preserve reliability. A photo array, on the other hand, is considered more prone to prompting an identification that’s not truly reliable, and the MBE treats it as not allowed in the pre-charge stage. So, before charges, you won’t see a photo array, but lineups and show-ups are permissible under proper safeguards.