Supreme Court of the United States

Perry v. New Hampshire

January 11, 2012132 S. Ct. 716

Summary

The Court held that the Due Process Clause does not require a preliminary judicial reliability assessment for eyewitness identification unless the suggestive circumstances were arranged by law enforcement. The Court affirmed the New Hampshire Supreme Court's judgment, reasoning that existing safeguards like cross-examination and jury instructions suffice absent police misconduct. Justice Sotomayor dissented, arguing the reliability inquiry should apply regardless of police arrangement, and Justice Thomas concurred, stating the Stovall line is wrongly decided.