State v. Rawls, 207 N.C. App. 415 (Oct. 19, 2010)

(1) The Eyewitness Identification Reform Act, G.S. 15A-284.52, does not apply to show ups. (2) Although a show up procedure was unduly suggestive, there was no substantial likelihood of irreparable misidentification and thus the trial judge did not err by denying a motion to suppress the victim’s pretrial identification. The show up was unduly suggestive when an officer told the witness beforehand that "they think they found the guy," and at the show up, the defendant was detained and several officers were present. However, there was no substantial likelihood of irreparable misidentification when, although only having viewed the suspects for a short time, the witness looked "dead at" the suspect and made eye contact with him from a table's length away during daylight hours with nothing obstructing her, the show up occurred fifteen minutes later, and the witness was "positive" about her identification of the three suspects, as "she could not forget their faces."