In a recent weapons case coming out of an Arizona court, the defendant argued on appeal that the pretrial identification used in his case was both suggestive and unreliable. According to the defendant, the identification should have been conducted in a more objective manner, and his convictions for misconduct involving weapons should be overturned on these grounds. The court of appeals disagreed with the defendant and ultimately affirmed the original convictions.
Facts of the Case
According to the opinion, the defendant was walking with a woman one evening when he allegedly began firing shots into traffic on the road. A driver, who happened to be close to the scene at the time, observed the defendant firing into traffic. He immediately pulled over at a convenience store and called 911, giving the operator a general description of the defendant and of what he had seen.