Q: In a street show-up, is it unlawful detention for suspect to be transported to the witnesses?
A: It depends on the facts and circumstances of the stop. Although it may later be the subject of a pre-trial motion to suppress identification as a suggestive identification or a detention that arose from a lack of probable cause, it may be less intrusive to transport a suspect to the witnesses. Based on the question, it sounds as if someone has in fact been charged. If that is the case, depending on the actual facts and circumstances, a pre-trial motion to suppress the arrest and/or identification may be appropriate. These are issues that should be discussed with experienced criminal defense counsel.
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