Legal Definitions - Wade hearing

A Wade hearing is a specific type of pretrial court proceeding in criminal law where a defendant challenges the fairness and legality of how they were identified by a witness outside of court. This hearing is named after the landmark U.S. Supreme Court case, United States v. Wade.

The purpose of a Wade hearing is to determine whether an out-of-court identification—such as a police lineup, a photo array, or a "show-up" where a suspect is presented to a witness—was conducted using methods that were so suggestive or unfair that they violated the defendant's constitutional rights. If the court finds that the identification procedure was indeed unconstitutional and "tainted" the witness's identification, then the prosecution will generally be prohibited from using that specific identification as evidence in court. In such a case, the prosecution would need to rely on other evidence to link the defendant to the crime.

Here are some examples of situations where a Wade hearing might be requested:

• Example 1: Suggestive Police Lineup

  Imagine a witness to a convenience store robbery is asked to identify the perpetrator from a police lineup. The defense attorney later discovers that the defendant was the only person in the lineup who matched the witness's initial description of having a distinctive facial scar, while all other individuals in the lineup had no such distinguishing features. The defense would request a Wade hearing, arguing that the lineup was overly suggestive because the defendant uniquely stood out, potentially influencing the witness's identification rather than it being based purely on their memory of the robber. The hearing would determine if this identification procedure was fair and constitutionally sound.

• Example 2: Improper Photo Array

  A victim of a carjacking is shown a series of photographs by a detective to identify the assailant. The defense learns that the photo array presented to the victim contained only one picture of the defendant, while the other five photos were of individuals with significantly different physical characteristics (e.g., different races, vastly different ages, or distinct hairstyles not matching the description). The defense would argue in a Wade hearing that this photo array was unduly suggestive, as the defendant's photo was not adequately blended with similar-looking individuals, potentially leading the victim to pick the defendant based on the array's flawed construction rather than independent recollection.

• Example 3: Tainted "Show-Up" Identification

  Shortly after a purse snatching, police apprehend a suspect a few blocks away. They bring the suspect, handcuffed and surrounded by uniformed officers, directly to the victim at the crime scene for an immediate identification. The defense attorney could request a Wade hearing to challenge this "show-up" identification. They would argue that presenting a single suspect in such a coercive and suggestive manner (handcuffed, with police presence) inherently pressured the victim to identify that person, making the identification unreliable and potentially unconstitutional. The hearing would assess whether the circumstances of the identification were so suggestive that they created a substantial likelihood of misidentification.