Perry v. New Hampshire — Sotomayor, J., dissenting

Summary

Justice Sotomayor dissents from the majority's decision to limit due process protection for eyewitness identifications to only those arising from police-arranged suggestive circumstances. She argues the existing two-step reliability inquiry should apply regardless of police intent, as the precedents focus on reliability rather than police arrangement. Justice Thomas concurs separately, arguing the Stovall line of cases is wrongly decided.