reliability inquiry in Connecticut

2025The majority’s application of the factors set forth in Neil v. Biggers, 409 U.S. 188 , 199-200, 93 S. Ct. 375 , 34 L. Ed. 2d 401 (1972), highlights the dangers with both the exigency exception and the reliability analysis under the federal constitution.

2025The majority’s application of the factors set forth in Neil v. Biggers, 409 U.S. 188 , 199-200, 93 S. Ct. 375 , 34 L. Ed. 2d 401 (1972), highlights the dangers with both the exigency exception and the reliability analysis under the federal constitution.

2018To **137 the contrary, Manson v. Brathwaite , supra, 432 U.S. at 98 , 97 S.Ct. 2243 , directs that the reliability factors be evaluated in light of "the corrupting effect of the suggestive identification itself." Id., at 114 , 97 S.Ct. 2243 .

2018To **137 the contrary, Manson v. Brathwaite , supra, 432 U.S. at 98 , 97 S.Ct. 2243 , directs that the reliability factors be evaluated in light of "the corrupting effect of the suggestive identification itself." Id., at 114 , 97 S.Ct. 2243 .

1991“The reliability inquiry delineated in Manson is fact-bound and made on an ad hoc basis.” Id., 203 .

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

2025I also disagree with the majority’s conclusion that, under the factors set forth in State v. Harris, 330 Conn. 91 , 118-19, 131, 133, 191 A.3d 119 (2018), the identification was reliable.

2019On H’s appeal, the Supreme Court in State v. Harris ( 330 Conn. 91 ), modified the reliability standard under the federal constitution set out in Neil v. Biggers ( 409 U.S. 188 ) with respect to the admissibility of eyewitness identification testimony to provide broader protection under article first, § 8, of the Connecticut constitution.

2018In Crawford , the court concluded that the reliability standard set forth in the second prong of the Roberts test is too amorphous to prevent adequately the improper admission of core testimonial statements that the [c]onfrontation [c]lause plainly meant to exclude." (Internal quotation marks omitted.) State v. Kirby , 280 Conn. 361 , 379, 908 A.2d 506 (2006).

2018In Crawford , the court concluded that the reliability standard set forth in the second prong of the Roberts test is too amorphous to prevent adequately the improper admission of core testimonial statements that the [c]onfrontation [c]lause plainly meant to exclude." (Internal quotation marks omitted.) State v. Kirby , 280 Conn. 361 , 379, 908 A.2d 506 (2006).

2018Accordingly, the United States Supreme Court held that if "testimonial evidence is at issue ... the [s]ixth [a]mendment demands what the common law required: unavailability and a prior opportunity for cross-examination." Crawford v. Washington , supra, at 68 , 124 S.Ct. 1354 .

2007The court concluded that the reliability standard was too amorphous to protect criminal defendants, and that its “unpardonable vice . . . [was] its demonstrated capacity to admit core testimonial statements that the [c]onfrontation [c]lause plainly meant to exclude.” Id., 63 .

1994In the second part of its opinion, the majority states: “[E]ven if we were to assume that [the arresting officer’s] certification had lapsed, such a lapse would not have sufficiently undermined the reliability of the test results to cause us to depart from our holding in Volck v. Muzio, [ 204 Conn. 507, 512 , 529 A.2d 177 (1987)].” The majority opines that in Volck we concluded that the arresting officer’s multiple failures to comply with the statutory dictates of General Statutes § 14-227b did not constitute sufficient grounds for overturning the commissioner’s determination to suspend an ope

1994In the second part of its opinion, the majority states: “[E]ven if we were to assume that [the arresting officer’s] certification had lapsed, such a lapse would not have sufficiently undermined the reliability of the test results to cause us to depart from our holding in Volck v. Muzio, [ 204 Conn. 507, 512 , 529 A.2d 177 (1987)].” The majority opines that in Volck we concluded that the arresting officer’s multiple failures to comply with the statutory dictates of General Statutes § 14-227b did not constitute sufficient grounds for overturning the commissioner’s determination to suspend an ope

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, “its decision is not to be reversed unless there is clear and manifest error.” Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).’ State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, 484 U.S. 927 [ 108 S. Ct. 293 , 98 L.

1988Generally, where the admissibility of evidence depends upon a preliminary question of fact to be determined by the court, ‘its decision is not to be reversed unless there is clear and manifest error.’ Engelke v. Wheatley, 148 Conn. 398, 410-11 , 171 A.2d 402 (1961); see Practice Book § 4061; State v. Brigandi, 186 Conn. 521, 530 , 442 A.2d 927 (1982).” State v. Mitchell, 204 Conn. 187, 203 , 527 A.2d 1168 , cert. denied, U.S., 108 S. Ct. 293 , 98 L.

1977Spinelli v. United States, 393 U.S. 410, 416 .

1977Spinelli v. United States, 393 U.S. 410 , 416 .

1977The factors in this case which meet the reliability test of Aguilar v. Texas, supra, are these: (1) the informant’s name is given; (2) he is a private citizen; (3) his address is given; (4) he has asserted that he saw his next door neighbor, Julia Maeri, the defendant, throw a rock through his bedroom window; (5) he gave a statement of the circumstances of the offense to the police; (6) the false reporting of an incident to a police officer is a criminal offense, General Statutes § 53a-180; (7) the victim’s narration of the circumstances involved in the offense, as contained in the affidavit,

1977The factors in this case which meet the reliability test of Aguilar v. Texas, supra, are these: (1) the informant's name is given; (2) he is a private citizen; (3) his address is given; (4) he has asserted that he saw his next door neighbor, Julia Macri, the defendant, throw a rock through his bedroom window; (5) he gave a statement of the circumstances of the offense to the police; (6) the false reporting of an incident to a police officer is a criminal offense, General Statutes 53a-180 ; (7) the victim's narration of the circumstances involved in the offense, as contained in the affidavit, i

2025This observation is based on the commonsense insight that, ordinarily, ‘‘a one-to-one confrontation between a [witness] and the suspect presented . . . for identification . . . conveys the message to the [witness] that the police believe the suspect is guilty.’’ (Internal quotation marks omitted.) State v. Revels, 313 Conn. 762 , 772-73, 99 A.3d 1130 (2014), cert. denied, 574 U.S. 1177 , 135 S. Ct. 1451 , 191 L. Ed. 2d 404 (2015). ‘‘Suggestive confron- tations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the furt

2025This observation is based on the commonsense insight that, ordinarily, ‘‘a one-to-one confrontation between a [witness] and the suspect presented . . . for identification . . . conveys the message to the [witness] that the police believe the suspect is guilty.’’ (Internal quotation marks omitted.) State v. Revels, 313 Conn. 762 , 772-73, 99 A.3d 1130 (2014), cert. denied, 574 U.S. 1177 , 135 S. Ct. 1451 , 191 L. Ed. 2d 404 (2015). ‘‘Suggestive confron- tations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the furt

2025This observation is based on the commonsense insight that, ordinarily, ‘‘a one-to-one confrontation between a [witness] and the suspect presented . . . for identification . . . conveys the message to the [witness] that the police believe the suspect is guilty.’’ (Internal quotation marks omitted.) State v. Revels, 313 Conn. 762 , 772-73, 99 A.3d 1130 (2014), cert. denied, 574 U.S. 1177 , 135 S. Ct. 1451 , 191 L. Ed. 2d 404 (2015). ‘‘Suggestive confron- tations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the furt

2025This observation is based on the commonsense insight that, ordinarily, ‘‘a one-to-one confrontation between a [witness] and the suspect presented . . . for identification . . . conveys the message to the [witness] that the police believe the suspect is guilty.’’ (Internal quotation marks omitted.) State v. Revels, 313 Conn. 762 , 772-73, 99 A.3d 1130 (2014), cert. denied, 574 U.S. 1177 , 135 S. Ct. 1451 , 191 L. Ed. 2d 404 (2015). ‘‘Suggestive confron- tations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the furt

2022Reliability, on the other hand, is concerned with whether a statement is true.’’ Id., 284 . ‘‘[T]he defendant’s claim is constitutional with respect to the voluntariness inquiry and evidentiary with respect to the reliability inquiry.’’ Id., 267 .

2022Reliability, on the other hand, is concerned with whether a statement is true.’’ Id., 284 . ‘‘[T]he defendant’s claim is constitutional with respect to the voluntariness inquiry and evidentiary with respect to the reliability inquiry.’’ Id., 267 .

2019L. , supra, 529 U.S. at 272 , 120 S.Ct. 1375 , that "[a]n accurate description of a subject's readily observable location and appearance is of course reliable in this limited sense: It will help the police correctly identify the person whom the tipster means to accuse.

2019L. , supra, 529 U.S. at 272 , 120 S.Ct. 1375 , that "[a]n accurate description of a subject's readily observable location and appearance is of course reliable in this limited sense: It will help the police correctly identify the person whom the tipster means to accuse.

2019Because we conclude that the defendant in the present case can prevail even under the majority's analysis in Navarette , we need not consider whether we would find Justice Scalia's concerns to be persuasive in a state constitutional analysis. 9 Because the issue is not before us, we express no opinion as to whether a report that an individual is in possession of a handgun gives rise to a reasonable suspicion that criminal activity is afoot for purposes of Terry . 10 As we have explained previously, we assume, without deciding, that the Navarette standard applies outside the context of drunk dr

2019Because we conclude that the defendant in the present case can prevail even under the majority's analysis in Navarette , we need not consider whether we would find Justice Scalia's concerns to be persuasive in a state constitutional analysis. 9 Because the issue is not before us, we express no opinion as to whether a report that an individual is in possession of a handgun gives rise to a reasonable suspicion that criminal activity is afoot for purposes of Terry . 10 As we have explained previously, we assume, without deciding, that the Navarette standard applies outside the context of drunk dr

2018See Young v. State, 374 P.3d 395 , 427 (Alaska 2016) ; State v. Henderson , 208 N.J. 208 , 288-89, 27 A.3d 872 (2011) ; State v. Lawson , 352 Or. 724 , 761-63, 291 P.3d 673 (2012). 17 We conclude, as a matter of state constitutional law, that it is appropriate to modify the Biggers framework to conform to recent developments in social science and the law.

2018See Young v. State, 374 P.3d 395 , 427 (Alaska 2016) ; State v. Henderson , 208 N.J. 208 , 288-89, 27 A.3d 872 (2011) ; State v. Lawson , 352 Or. 724 , 761-63, 291 P.3d 673 (2012). 17 We conclude, as a matter of state constitutional law, that it is appropriate to modify the Biggers framework to conform to recent developments in social science and the law.

2018See Young v. State, 374 P.3d 395 , 427 (Alaska 2016) ; State v. Henderson , 208 N.J. 208 , 288-89, 27 A.3d 872 (2011) ; State v. Lawson , 352 Or. 724 , 761-63, 291 P.3d 673 (2012). 17 We conclude, as a matter of state constitutional law, that it is appropriate to modify the Biggers framework to conform to recent developments in social science and the law.

2018See Young v. State, 374 P.3d 395 , 427 (Alaska 2016) ; State v. Henderson , 208 N.J. 208 , 288-89, 27 A.3d 872 (2011) ; State v. Lawson , 352 Or. 724 , 761-63, 291 P.3d 673 (2012). 17 We conclude, as a matter of state constitutional law, that it is appropriate to modify the Biggers framework to conform to recent developments in social science and the law.

2003Id., 355 n.8.

2003That argument is contrary to our holding in State v. Ross, 251 Conn. 579, 587-88 , 742 A.2d 312 (1999), and the eighth amendment’s heightened reliability requirement.

2003That argument is contrary to our holding in State v. Ross, 251 Conn. 579, 587-88 , 742 A.2d 312 (1999), and the eighth amendment’s heightened reliability requirement.