Perry v. New Hampshire

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Perry v. New Hampshire
Court Supreme Court of the United States
Citation
Date decided January 11, 2012

Facts

Police is dispatched to investigate a car robbery. A suspect named Perry was seen by a police officer in the vicinity of a smashed car window; Perry had a bat and a car stereo.

A witness identified Perry as the perpetrator of the stereo theft from the car.

Arguments

Perry contended that the officer's questioning was suggestive and witness identification was unreliable.

Holding

The reliability of identification of witness isn't important; the main question is whether or not there is coercive misconduct to obtain a confession.

Judgment

Eyewitness identification is accepted in the absence of coercion regardless of its accuracy.

Comments

Sotomayor dissented that eyewitness identification is very unreliable.