U.S. SUPREME COURT DECISIONS IN CASES INVOLVING EYEWITNESS IDENTIFICATIONS ARE EXAMINED AS THEY HAVE DEALT WITH SIXTH AMENDMENT (RIGHT TO COUNSEL), FIFTH AMENDMENT (RIGHT TO DUE PROCESS), AND FOURTH AMENDMENT (RIGHT TO PRIVACY) RIGHTS. THE KIRBY (1972) AND ASH (1973) DECISIONS BY THE BURGER COURT ARE VIEWED AS HAVING STEERED AWAY FROM EXTENDING THE RIGHT TO COUNSEL TO PERSONS IN THE PROCESS OF BEING IDENTIFIED BY AN EYEWITNESS WHEN SUCH PERSON HAS NOT YET BEEN CHARGED WITH A CRIME. DEFENSE COUNSEL SHOULD ARGUE THAT THE STATE COURTS ADOPT MORE STRINGENT STANDARDS THAN HAVE BEEN SET BY THE FEDERAL COURTS AS REGARDS THE RIGHT TO COUNSEL, SINCE THIS HAS BEEN ARGUED SUCCESSFULLY CONCERNING THE RIGHT TO COUNSEL AT PHOTOGRAPHIC IDENTIFICATIONS AND AT THE TIME OF THE WITNESS'S RESPONSE TO THE POLICE. FIFTH AMENDMENT DUE PROCESS ISSUES ARE EXAMINED IN 'LINEUP' PROCEDURES FOR IDENTIFICATION. IT IS SUGGESTED THAT THE LINEUP IS UNNECESSARILY SUGGESTIVE TO THE EYEWITNESS AND CONDUCIVE TO IRREPARABLY MISTAKEN IDENTIFICATION. PROCEDURES FOR CONDUCTING A LINEUP IN ORDER TO AVOID VIOLATIONS OF DUE PROCESS RIGHTS ARE DESCRIBED. IN ORDER FOR PRETRIAL IDENTIFICATION TO BE ADMISSIBLE, THE PROSECUTION MUST ESTABLISH THAT THE INITIAL SEIZURE OF THE PERSON TO OBTAIN EYEWITNESS IDENTIFICATION WAS LEGAL. THIS MEANS THAT FOURTH AMENDMENT RIGHTS TO PRIVACY MUST BE PROTECTED IN THE PROCESS. SHOULD OUT-OF-COURT IDENTIFICATION VIOLATE THE FOURTH AMENDMENT, THE WITNESS MAY NOT MAKE AN IN-COURT IDENTIFICATION UNLESS THE PROSECUTION DEMONSTRATES AN INDEPENDENT BASIS. IN EXAMINING THIS ISSUE, THE INITIAL SEIZURE OF THE SUSPECT AND THE APPLICATION OF THE EXCLUSIONARY RULE ARE CONSIDERED. THE FOLLOWING MISCELLANEOUS IDENTIFICATION TESTIMONY PROBLEMS ARE ALSO CONSIDERED: STATUTORY ATTACKS ON OUT-OF-COURT IDENTIFICATION EVIDENCE, RIGHT TO COUNSEL'S PRESENCE DURING THE INTERVIEW OF THE WITNESS BY THE POLICE, RIGHT TO LINEUP TO TEST THE WITNESS'S IDENTIFICATION OF THE DEFENDANT, RIGHT TO HAVE THE DEFENDANT SIT AMONG THE SPECTATORS AT TRIAL, RIGHT TO PRESENT EXPERT TESTIMONY, AND CAUTIONARY INSTRUCTIONS ABOUT EYEWITNESS IDENTIFICATION TESTIMONY. FOOTNOTES, A BIBLIOGRAPHY, AND A LIST OF CASES CONSIDERED ARE PROVIDED. (RCB)