Neil v. Biggers
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
- Court
- U.S. Supreme Court
- Decided
- Citation
- 409 U.S. 188 (1972)
What did the court decide?
The Court held that even when police use a suggestive identification procedure, the identification may still be used if it is reliable under the totality of the circumstances. It listed factors: the witness's opportunity to view the person, the witness's degree of attention, the accuracy of any earlier description, the witness's level of certainty, and the time between the crime and the identification.
Why does it matter?
The "Biggers factors" are still the main checklist courts use to judge whether an eyewitness identification is reliable.
Where can I read the full opinion?
Read the full opinion on Cornell Law School LII →
Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.