Perry v. New Hampshire

Facts of the Case

In the wee hours of the morning, the Nashua, New Hampshire, Police Department received a call reporting that an African-American male was trying to break into cars parked in the lot of the caller’s apartment building. When an officer responding to the call asked the eyewitness to describe the man, the caller’s wife pointed to her kitchen window and said the man she saw breaking into the car was standing in the parking lot, next to a police officer. Defendant Barion Perry’s arrest followed this identification. Before trial, Defendant moved to suppress the identification on the ground that admitting it at trial would violate due process. The New Hampshire trial court denied the motion. To determine whether due process prohibits the introduction of an out-of-court identification at trial, the Superior Court said, this Court’s decisions instruct a two-step inquiry: The trial court must first decide whether the police used an unnecessarily suggestive identification procedure