Suggestive Photographic Evidence Law and Legal Definition

Generally, the use of pretrial photographic identification of suspects is permissible. It is to be noted that an initial identification by photographs are not prohibited. A photographic array is impermissibly suggestive if it raises a substantial likelihood of misidentification given the totality of the circumstances. [Swigeart v. State, 749 N.E.2d 540 (Ind. 2001)]