
I have spent the better part of the last two days writing a motion to suppress an "improperly suggestive photo array." That is actually not as pornographic as one might think. In a nutshell, it is the problem that witnesses have picking out the right criminal from a photo line up when they say they think the guy had a mohawk, and then they are shown a photographic array with six mugshots that includes only one guy with a mohawk. The other five guys have other haircuts. So that's suggestive because it prompts the [...]