Perry v. New Hampshire

Summary

The Court held that the Due Process Clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances arranged by law enforcement. Existing safeguards like cross-examination and jury instructions suffice when no improper state conduct occurs. Thomas concurred, questioning substantive due process grounds; Sotomayor dissented, arguing the inquiry should apply regardless of police arrangement.