Lacking any appellate authority and guided only by a slew of conflicting trial court opinions, a judge in Brooklyn has refused to micro-manage the way in which the district attorney conducts a lineup in an ongoing investigation.
Supreme Court Justice Wayne Ozzi (See Profile) said that in his opinion, and that of some of his colleagues, the court lacks authority "to direct the manner in which a lineup procedure is conducted, as to do so would constitute an improper infringement on the manner in which law enforcement carries out its investigations." He said courts "should limit their role to reviewing police procedure for constitutionality."
