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.