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Criminal Procedure Keyed to Ohlin
Perry v. New Hampshire
Citation:
565 U.S. 228 (2012)Facts
Around 3 A.M. on August 15, 2008, Joffre Ullon called the Nashua, New Hampshire, Police Department and reported than an African-American male was trying to break into cars parked in the lot of Ullon’s apartment building. Officer Nicole Clay responded to the call. Upon arriving at the parking lot, she saw petitioner Barion Perry. Perry walked toward Clay, holding two car-stereo amplifiers in his hands. Clay asked where the amplifiers came from. “I found them on the ground,” Perry responded. Meanwhile, Ullon’s wife, Nubia Blandon, woke her neighbor, Alex Clavijo, and told him she had just seen someone break into his car. After finding that his car stereo was missing, Clavijo approached Clay and told her about his own observations. Clay asked Perry to stay in the parking lot and asked Blandon for specific description of the suspect. Blandon pointed to her kitchen window and said the person she saw breaking into Clavijo’s car was standing in the parking lot. Perry’s arrest followed this identification. Later at a trial, Perry sought to suppress the Blandon’s identification of Perry on the ground that it would violate the due process.
About a month later, the police showed Blandon a photographic array that included a picture of Perry and asked her to point out the man who had broken into Clavijo’s car. Blandon was unable to identify Perry.
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