Foster v. California Case Brief

Facts of the Case

“After defendant Foster was arrested for armed robbery of a Western Union office, two lineups were held. In the first lineup, defendant, who was close to 6 feet tall, stood out from the other two men who were relatively shorter, and by the fact that he was wearing a leather jacket similar to that worn by the robber. The only witness to the robbery, the night manager of the Western Union office, could not positively identify Foster as one of the robbers, although he “thought” that defendant was one. The witness then asked for and was given a chance to speak to defendant. Defendant was brought into an office alone and seated across from the witness at a table. Even after the one-on-one confrontation, the witness was still uncertain whether defendant was the robber. About a week later, the witness viewed another lineup, of defendant and four different men – this time, the witness was “convinced” defendant was the robber