What is a Wade Hearing?

A Wade Hearing is a pre-trial suppression hearing in a criminal matter challenging the identification of the accused individual. A defendant is entitled to a Wade Hearing if there was a police-arranged identification procedure in which the accused was positively identified. The District Attorney’s office is required to give notice to defense counsel of their intent to use the identification procedure at trial on the C.P.L. § 710.30 Notice document.

The objective at a Wade Hearing is to determine whether the identification of the accused in a police-arranged procedure was not unduly suggestive, and ultimately, was reliable. Factors addressed during Wade hearing include, but are not limited to, the method used for the identification procedure (lineup, photo array, show up), the similarity of the participants in the lineup, the witness’s opportunity to observe the suspect during the crime, the accuracy of the witness’s description of the suspect, and the time elapsed between the crime and the identification.

Another important factor addressed in a Wade hearing is whether the police-arranged photo array lineup was blinded or double blind. “Blinded” procedures are designed for situations where the administrator of the procedure knows the suspect’s identity but conducts the procedure in such a way as to avoid the possibility of inadvertent cuing or influencing the witness. “Double blind” is where the array is shown to the witness by a person who is unfamiliar with the case and does not know the suspect. Double blinded is the preferred method to ensure law enforcement administers the photo array without any level of suggestiveness.