context: The first factor concerns the composition of the photographic array itself. In this regard, courts have analyzed whether the photographs used were selected or displayed in such a manner as to emphasize or highlight the individual whom the police believe is the suspect.
citation_a.signal: see
citation_a.identifier: 180 Conn. 619, 656
citation_a.parenthetical: "[when] afeature is placed on the defendant's photograph in order to make the picture conform to the witness' description of the criminal he or she had seen, the identification proceeding has been held to have been rendered highly suggestive"
citation_a.sentence: See, e.g., State v. Williams, supra, 203 Conn. 176 (multiple photographs of same individual in same or subsequent photographic arrays possibly suggestive “when, in the context of the entire array, the recurrence unnecessarily emphasizes the defendant’s photograph”); State v. Fullwood, supra, 193 Conn. 247 (to be unnecessarily suggestive, variations in array photographs must highlight defendant to point that it affects witness’ selection); State v. Gold, 180 Conn. 619, 656, 431 A.2d 501 (“[when] afeature is placed on the defendant’s photograph in order to make the picture conform to the witness’ description of the criminal he or she had seen, the identification proceeding has been held to have been rendered highly suggestive”), cert. denied, 449 U.S. 920, 101 S. Ct. 320, 66 L. Ed. 2d 148 (1980); see also United States v. DeCologero, supra, 530 F.3d 62 (at first step in two-pronged test, court “consider^] whether the photo [graphic] array included, as far as was practicable, a reasonable number of persons similar in appearance to the suspect”); United States v. Rattler, 475 F.3d 408, 413 (D.C. Cir. 2007) (court must “examine the suggestivity of irregularities between the subjects in the array”).
citation_b.signal: see also
citation_b.identifier: 475 F.3d 408, 413
citation_b.parenthetical: court must "examine the suggestivity of irregularities between the subjects in the array"
citation_b.sentence: See, e.g., State v. Williams, supra, 203 Conn. 176 (multiple photographs of same individual in same or subsequent photographic arrays possibly suggestive “when, in the context of the entire array, the recurrence unnecessarily emphasizes the defendant’s photograph”); State v. Fullwood, supra, 193 Conn. 247 (to be unnecessarily suggestive, variations in array photographs must highlight defendant to point that it affects witness’ selection); State v. Gold, 180 Conn. 619, 656, 431 A.2d 501 (“[when] afeature is placed on the defendant’s photograph in order to make the picture conform to the witness’ description of the criminal he or she had seen, the identification proceeding has been held to have been rendered highly suggestive”), cert. denied, 449 U.S. 920, 101 S. Ct. 320, 66 L. Ed. 2d 148 (1980); see also United States v. DeCologero, supra, 530 F.3d 62 (at first step in two-pronged test, court “consider^] whether the photo [graphic] array included, as far as was practicable, a reasonable number of persons similar in appearance to the suspect”); United States v. Rattler, 475 F.3d 408, 413 (D.C. Cir. 2007) (court must “examine the suggestivity of irregularities between the subjects in the array”).