Which pretrial identification method is not allowed under the MBE before charges (pre-charge)?

• A. Line-up is allowed
• B. Show-up is allowed
• C. Photo-array is not allowed
• D. All three are allowed

Answer: (C)

The main idea is how pretrial identifications are limited by due process concerns, even before charges are filed. Courts focus on reliability and avoiding unnecessary suggestiveness when the government identifies a suspect.

A live lineup or a show-up can be used before charges if conducted carefully to minimize suggestiveness and to preserve reliability. A photo array, on the other hand, is considered more prone to prompting an identification that’s not truly reliable, and the MBE treats it as not allowed in the pre-charge stage. So, before charges, you won’t see a photo array, but lineups and show-ups are permissible under proper safeguards.