[83]*83Williams, J.
We granted leave to appeal in this case to set standards for establishing an independent basis for in-court eyewitness identification when pretrial identification has been rendered invalid. We hold that factors supporting such an independent basis must be totally unrelated to any pretrial confrontation and may include factors such as consideration of the opportunity for observation during the crime, prior knowledge of identity, accuracy of description, the existence of any discrepancy between any pre-lineup description and actual description of the defendant, identification of any other individual prior to lineup, failure to identify the defendant on a prior occasion, and the lapse of time between the alleged act and the lineup identification. Because such a basis was not established in the case at bar, we remand this cause for an evidentiary hearing to determine whether an independent source for identification existed.
I — Facts
On March 25, 1971, three men broke into a hardware store and stole a number of guns. Two of the three, James Seals and Charles Parks, later pled guilty to breaking and entering.
Parks maintained that the stolen items were taken in the trunk of Seals’ car to a gas station managed by Walter Gorowski. There defendant Emil Kachar allegedly purchased all but one gun for $900.1 The merchandise was then transferred to defendant’s car, with Parks and Gorowski observing.
Over eight months after the breaking and entering, a warrant was issued for the arrest of defendant Kachar on a charge of receiving and conceal[84]*84ing the merchandise taken from the hardware store.2
The identification of defendant as the recipient of the stolen merchandise was crucial.
Two of the three so identifying Kachar were Seals and Parks, who had already pled guilty to the original breaking and entering. The third was Gorowski, the gas station manager.
At the time of trial, Parks had already served 3-1/2 months of a 5-to-10-year sentence on the charge. He testified to lying to the court previously.3 Twenty-three months later, he received a special early parole.4
[85]*85Seals also identified Kachar as the recipient of the stolen goods. Seals, whose previous felony and misdemeanor convictions were brought out by counsel, was awaiting sentencing on the breaking and entering. He told the jury he expected his testimony to be to his advantage.5
The third witness who identified Kachar was Walter Gorowski, the gas station manager, who came forward two weeks before Kachar’s trial. This was three months after defendant’s arrest, and nearly one year after the alleged transaction.
The police showed Gorowski approximately 30 photos, all of which were labelled with the subjects’ names. Gorowski indicated he knew Kachar’s name was connected with allegedly purchasing the stolen guns. He also said he did not know how to spell Kachar’s name. However, Gorowski selected three photos of the defendant without difficulty. Although Kachar had already been arrested, counsel was not present during the photo identification.6
[86]*86Gorowski knew both Seals and Parks, but testified that he had never seen defendant before. He stated that Parks came into the station with some guns in the trunk of his car and drove into one of the two service station bays. Gorowski bought one of the guns for $25, but testified he destroyed it "[w]hen I found out where the guns came from”. He admitted he destroyed the evidence because "I thought I would probably get in trouble over it”.
Shortly after his purchase, a maroon car with two men whom he had never seen before entered the service station. Through glass doors, and while he was working, he observed Parks and one of these two men transfer the guns from the trunk of Parks’ car into the trunk of the maroon car. Gorowski described this man as "big”, observing he "looked like he had a beer belly, he was tall, reminded me of John Wayne”. Gorowski said, however, that he had no idea how the big man was dressed. He was working the entire time the gun transaction took place.
He testified that while the "big guy” was at the station someone pointed him out and said his name was Kachar. However, he also testified that although he had discussed the case with the prosecutor some time before, it was not until the last few hours before trial that he mentioned this. [87]*87When asked why not, he explained, "I just haven]t”.
Two or three weeks before trial, Gorowski said he was sitting at a table in a bar, when someone in his group pointed out defendant. At the time, he said he did not think the person in the bar was the same man he had seen transferring the guns.
However, Gorowski identified defendant who was sitting in the courtroom next to defense counsel as the man he had seen in the service station. He now had no doubt it was the same person, he said, because he had better lighting in the courtroom than in the bar. Defense counsel’s request to admit into evidence a photograph purporting to show the lighting conditions in the bar at the time of the identification was denied.7
The prosecution had moved to endorse Gorowski the Friday before trial.8 Defense counsel’s original objection to the late endorsement was changed after he interviewed Gorowski and told him that his original identification of Kachar was by photograph and that the man he saw in the bar was not the man he saw in the service station.9 He was therefore apparently surprised when Gorowski identified the man sitting at the defendant’s table as the man with the guns.10
[88]*88Kachar was convicted by the jury of receiving stolen property, MCLA 750.535; MSA 28.803, and sentenced to 2-1/2-to-5 years imprisonment. The Court of Appeals affirmed, per curiam, finding that although the showup was improperly conducted in the absence of defense counsel, People v Anderson, 389 Mich 155, 187; 205 NW2d 461 (1973), Gorowski’s in-court identification of Kachar had an independent basis and was therefore not tainted by the defective showups. The Court of Appeals noted, in particular, that the witness’s emphasis in his description "upon defendant’s non-facial, corporeal characterics”11 suggested that the in-court identification would not readily be tainted by á photograph which concentrated on facial features. The panel found further support for its conclusion that Gorowski was not prejudiced by the photographic showup in his candor in confessing that the man in the bar did not look like the same person he saw in the service station. We granted leave to appeal November 21, 1974. 393 Mich 761.
II — The Photographic Identification
The Court of Appeals held that the photographic showup was improper because defense counsel was not present. In People v Anderson, 389 Mich 155, 180-181; 205 NW2d 461 (1973), we approved the rule then being applied by the Court of Appeals which required that counsel be present at a photographic identification of an accused who is in custody.
[89]
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[83]*83Williams, J.
We granted leave to appeal in this case to set standards for establishing an independent basis for in-court eyewitness identification when pretrial identification has been rendered invalid. We hold that factors supporting such an independent basis must be totally unrelated to any pretrial confrontation and may include factors such as consideration of the opportunity for observation during the crime, prior knowledge of identity, accuracy of description, the existence of any discrepancy between any pre-lineup description and actual description of the defendant, identification of any other individual prior to lineup, failure to identify the defendant on a prior occasion, and the lapse of time between the alleged act and the lineup identification. Because such a basis was not established in the case at bar, we remand this cause for an evidentiary hearing to determine whether an independent source for identification existed.
I — Facts
On March 25, 1971, three men broke into a hardware store and stole a number of guns. Two of the three, James Seals and Charles Parks, later pled guilty to breaking and entering.
Parks maintained that the stolen items were taken in the trunk of Seals’ car to a gas station managed by Walter Gorowski. There defendant Emil Kachar allegedly purchased all but one gun for $900.1 The merchandise was then transferred to defendant’s car, with Parks and Gorowski observing.
Over eight months after the breaking and entering, a warrant was issued for the arrest of defendant Kachar on a charge of receiving and conceal[84]*84ing the merchandise taken from the hardware store.2
The identification of defendant as the recipient of the stolen merchandise was crucial.
Two of the three so identifying Kachar were Seals and Parks, who had already pled guilty to the original breaking and entering. The third was Gorowski, the gas station manager.
At the time of trial, Parks had already served 3-1/2 months of a 5-to-10-year sentence on the charge. He testified to lying to the court previously.3 Twenty-three months later, he received a special early parole.4
[85]*85Seals also identified Kachar as the recipient of the stolen goods. Seals, whose previous felony and misdemeanor convictions were brought out by counsel, was awaiting sentencing on the breaking and entering. He told the jury he expected his testimony to be to his advantage.5
The third witness who identified Kachar was Walter Gorowski, the gas station manager, who came forward two weeks before Kachar’s trial. This was three months after defendant’s arrest, and nearly one year after the alleged transaction.
The police showed Gorowski approximately 30 photos, all of which were labelled with the subjects’ names. Gorowski indicated he knew Kachar’s name was connected with allegedly purchasing the stolen guns. He also said he did not know how to spell Kachar’s name. However, Gorowski selected three photos of the defendant without difficulty. Although Kachar had already been arrested, counsel was not present during the photo identification.6
[86]*86Gorowski knew both Seals and Parks, but testified that he had never seen defendant before. He stated that Parks came into the station with some guns in the trunk of his car and drove into one of the two service station bays. Gorowski bought one of the guns for $25, but testified he destroyed it "[w]hen I found out where the guns came from”. He admitted he destroyed the evidence because "I thought I would probably get in trouble over it”.
Shortly after his purchase, a maroon car with two men whom he had never seen before entered the service station. Through glass doors, and while he was working, he observed Parks and one of these two men transfer the guns from the trunk of Parks’ car into the trunk of the maroon car. Gorowski described this man as "big”, observing he "looked like he had a beer belly, he was tall, reminded me of John Wayne”. Gorowski said, however, that he had no idea how the big man was dressed. He was working the entire time the gun transaction took place.
He testified that while the "big guy” was at the station someone pointed him out and said his name was Kachar. However, he also testified that although he had discussed the case with the prosecutor some time before, it was not until the last few hours before trial that he mentioned this. [87]*87When asked why not, he explained, "I just haven]t”.
Two or three weeks before trial, Gorowski said he was sitting at a table in a bar, when someone in his group pointed out defendant. At the time, he said he did not think the person in the bar was the same man he had seen transferring the guns.
However, Gorowski identified defendant who was sitting in the courtroom next to defense counsel as the man he had seen in the service station. He now had no doubt it was the same person, he said, because he had better lighting in the courtroom than in the bar. Defense counsel’s request to admit into evidence a photograph purporting to show the lighting conditions in the bar at the time of the identification was denied.7
The prosecution had moved to endorse Gorowski the Friday before trial.8 Defense counsel’s original objection to the late endorsement was changed after he interviewed Gorowski and told him that his original identification of Kachar was by photograph and that the man he saw in the bar was not the man he saw in the service station.9 He was therefore apparently surprised when Gorowski identified the man sitting at the defendant’s table as the man with the guns.10
[88]*88Kachar was convicted by the jury of receiving stolen property, MCLA 750.535; MSA 28.803, and sentenced to 2-1/2-to-5 years imprisonment. The Court of Appeals affirmed, per curiam, finding that although the showup was improperly conducted in the absence of defense counsel, People v Anderson, 389 Mich 155, 187; 205 NW2d 461 (1973), Gorowski’s in-court identification of Kachar had an independent basis and was therefore not tainted by the defective showups. The Court of Appeals noted, in particular, that the witness’s emphasis in his description "upon defendant’s non-facial, corporeal characterics”11 suggested that the in-court identification would not readily be tainted by á photograph which concentrated on facial features. The panel found further support for its conclusion that Gorowski was not prejudiced by the photographic showup in his candor in confessing that the man in the bar did not look like the same person he saw in the service station. We granted leave to appeal November 21, 1974. 393 Mich 761.
II — The Photographic Identification
The Court of Appeals held that the photographic showup was improper because defense counsel was not present. In People v Anderson, 389 Mich 155, 180-181; 205 NW2d 461 (1973), we approved the rule then being applied by the Court of Appeals which required that counsel be present at a photographic identification of an accused who is in custody.
[89]*89We also approved the application of that rule to a situation where defendant, although not in custody, is the focus of investigation. Thus, in People v Cotton, 38 Mich App 763, 769-770; 197 NW2d 90 (1972), the Court of Appeals held that counsel must be present at a photographic identification when "[i]ts purpose [is] to build a case against the defendant by eliciting identification evidence, not to extinguish a case against an innocent bystander”.
This, of course, is the situation in the instant case, for defendant had already been bound over for trial when Gorowski came forward as a witness. By that time, Kachar could by no means be construed as "an innocent bystander”. Thus, not only should counsel have been present at the showup, but, under the circumstances of this case, a photo showup should not have been held at all.
In Anderson we said: "Subject to certain exceptions, identiñcation by photograph should not be used where the accused is in custody. ” 389 Mich 186-187 (emphasis in original).12 The use of photographs in the case at bar falls specifically within this prohibition.13
[90]*90It is not necessary, however, to look to Anderson to find the photographic showup improper. Gorowski testified that the pictures viewed at the police station were identified and labelled with the names of the subjects. He had had a previous opportunity to correlate the name of defendant with the party involved in the gun transaction, because, at the time of the transaction, a friend pointed out the man purchasing the guns and told Gorowski his name was "Kachar”. Therefore, when he saw the photos with the name "Kachar”, he may well have recognized the name, not the face. This possibility is further reinforced by Gorowski’s focus on identifying the gun purchaser by body build, for at no time did he ever describe defendant’s face, or indicate he remembered the gun purchaser’s face, or say that there was anything distinctive about the gun purchaser’s face, as opposed to his body build. The photographs were apparently of faces.
In Stovall v Denno, 388 US 293, 302; 87 S Ct 1967; 18 L Ed 2d 1199 (1967), the United States Supreme Court recognized a ground of attack upon a conviction where the identification procedure followed is "so unnecessarily suggestive and conducive to irreparable mistaken identification that [defendant is] denied due process of law”. In Simmons v United States, 390 US 377, 384; 88 S Ct 967; 19 L Ed 2d 1247 (1968), this principle was applied to photo showups. "[C]onvictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside on that ground * * * if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable, misidentification.”
It is clear that a photographic showup should not have been made in the case at bar when [91]*91Gorowski came forward. It is also clear that counsel should have been present if the procedure was used,14 and that the photos should not have been labelled. Thus, even apart from the absence of counsel, the photo showup was improper.
Under the circumstances of this case, the use of labelled photographs at a showup amounted to such a likelihood of irreparable misidentification as to amount to a denial of due process of law. Therefore, unless there is a showing by clear and convincing evidence that Gorowski identified Kachar when he saw him in the courtroom on some basis other than the showup, his identification of Kachar must be excluded as evidence. United States v Wade, 388 US 218; 87 S Ct 1926; 18 L Ed 2d 1149 (1967).15
Although a special record was made in the case at bar, the trial judge found the photograph showup was not impermissibly suggestive. Therefore, there was no showing that an independent basis for the in-court identification existed. We thus remand to the trial court so that such a hearing may be held.
Ill — Standards for Finding an Independent Basis
In Anderson, we recognized that:
"In cases where the identification procedures employed are suggestive and conducive to irreparable misidentification then, by definition, these procedures operate upon the unconscious recognition process of the [92]*92witness and create a likelihood that there will be a misidentification irrespective of the degree of previous acquaintanceship between the witness and the culprit and irrespective of the opportunity to observe during the commission of the crime.
"Where the procedures used are, as in this case, grossly beyond the bounds of propriety it becomes even more important to examine the evidence of what 'independent’ knowledge the victim or witness had of the identity of the culprit before suggestive influences were brought to bear.” 389 Mich 189.
Further, as the United States Supreme Court has acknowledged,
"[I]t is a matter of common experience that, once a witness has picked out the accused at the line-up, he is not likely to go back on his word later on, so that in practice the issue of identity may (in the absence of other relevant evidence) for all practical purposes be determined there and then, before the trial.” United States v Wade, 388 US 218, 229; 87 S Ct 1926; 18 L Ed 2d 1149 (1967), quoting Williams and Hammelmann, Identification Parades, Part I, [1963] Crim L Rev 479, 482.
The problem becomes, then, what factors may have a bearing upon the true basis of the witness’s in-court identification to prove that the courtroom identification is not the fruit of the suspect pretrial identification. We have not before today set forth the principles on which such decisions should be based. However, it is clear that the emphasis should not be on the fact that the witness is able to point to the defendant seated next to counsel at the defense table in the courtroom and announce, "that is the person”.16 Rather,
[93]*93"the prosecution at trial must prove that the victim or witness can totally eliminate from recollection all observations at the lineup and convince "every reasonable mind” that they distinctly recall defendant from the fleeting impressions during the [crime].’ ” Quinn, In the Wake of Wade: The Dimensions of the Eyewitness Identification Cases, 42 U Colo L Rev 135, 141 (1970), quoting People v Caruso, 68 Cal 2d 183, 190; 436 P2d 336, 341; 65 Cal Rptr 336 (1968).
The United States Supreme Court has suggested that courts confronting this issue might take into consideration such factors as:
"the prior opportunity to observe the alleged criminal act, the existence of any discrepancy between any prelineup description and the defendant’s actual description, any identification prior to the lineup of another person, the identification by picture of the defendant prior to the lineup,17 failure to identify the defendant on a prior occasion, and the lapse of time between the alleged act and the lineup identification. It is also relevant to consider those facts which, despite the absence of counsel, are disclosed concerning the conduct of the lineup.” 388 US 241.
The Wade criteria, however, are suggestions [94]*94only, neither exclusive nor inclusive,18 and we are not limited by them in designating relevant factors to be considered by our own courts. These factors must be considered in the light of the principle we recognized in Anderson, as the factor contributing most to the unreliability of eyewitness identification. That factor is the suggestibility of witnesses. 389 Mich 215-217. Only the unusual person can completely erase vestiges of the tainted identification procedure, and, the Wade Court recognized, witnesses, once having identified someone, will in almost every instance adhere to that identification. 388 US 229. Thus, courts have "warned against heavy reliance on the reliability of a witness who protests too positively about the source of his identifications, and have held that this testimony must be evaluated in the light of all the circumstances”. United States v Johnson, 147 US App DC 31, 37; 452 F2d 1363, 1369 (1971). Therefore, the reviewing court must consider all the facts with the object of determining the ability of the witness to observe and to retain perceptions received at the time of the alleged offense.19 It is not enough that the witness merely reiterates an ability to recognize, or the certainty of recognition, but the facts and circumstances of the conditions under which the initial identification was made must be considered. As we said in Anderson, "Given the dangers of misidentification resulting from the [95]*95vagaries of perception, memory, recognition and the impact of suggestion, it becomes important to understand another factor singled out in Wade and Simmons — the effect upon a witness of having made an identification. Both Wade and Simmons recognize that the first identification may well be irreparable whether right or wrong because the witness who made that identification will be greatly influenced by what he then perceived and decided.” 389 Mich 217-218.
Thus, while the nature of the lineup or showup, or possession of the fruits of the crime, may not be properly considered to determine whether the in-court identification has an independent basis, the other Wade factors are appropriate, as they apply to either the opportunity to observe or to the credibility of the witness.
Thus, factors which the court should use in determining whether an independent basis exists should include:
1. Prior relationship with or knowledge of the defendant.
2. The opportunity to observe the offense. This includes such factors as length of time of the observation, lighting, noise or other factor affecting sensory perception and proximity to the alleged criminal act.
3. Length of time between the offense and the disputed identification. See Anderson, 389 Mich 214, for analysis of the curve of forgetting.
4. Accuracy or discrepancies in the pre-lineup or showup description and defendant’s actual description.
5. Any previous proper identification or failure to identify the defendant.
6. Any identification prior to lineup or showup of another person as defendant.
[96]*967. Still another consideration, not mentioned in Wade, but essential to a determination of judging the reliability of the witness’s perceptions is the nature of the alleged offense and the physical and psychological state of the victim. "In critical situations perception will become distorted and any strong emotion (as opposed to mildly emotional experiences) will affect not only what and how much we perceive, but also will affect our memory of what occurred.” 389 Mich 211. (Emphasis in original.)
Factors such as "fatigue, nervous exhaustion, alcohol and drugs”, 389 Mich 213 (emphasis in original), and age and intelligence of the witness are obviously relevant. Levine and Tapp, The Psychology of Criminal Identification: The Gap from Wade to Kirby, 121 U Pa L Rev 1079, 1102-1103 (1973).20
8. Any idiosyncratic or special features of defendant.
Further, the court should refer to the actual lineup or showup to determine whether the witness’s testimony that the identification was due to perceptions received at the time of the alleged [97]*97offenses is credible in view of the witness’s performance at, and the conduct of, the disputed lineup or showup.
The court should attempt, in its evidentiary hearing, to examine as many factors as are applicable to a particular case. All will not be of equal weight, but it is within the trial court’s discretion, keeping in mind the appropriate legal and psychological principles to determine, on balance, whether the prosecution has carried its burden of proof.
Upon consideration of such relevant factors, the trial court must state on the record the reasons for determining whether the prosecution has established by clear and convincing evidence that the in-court identification has a sufficient independent basis to purge the taint caused by the illegal confrontation.21
"In summary, an in-court identification has an 'independent source’ when the suppression hearing judge can find on the basis of the factors discussed, that the identifying witness by drawing on his memory of the events of the crime and his observations of the defendant, has retained such a definite image of the defendant that he is now able, in court, to make an identification of the defendant without dependence upon or assistance from the tainted pre-trial confrontation and unaffected by any promptings or suggestions which there took place.” 38 Brooklyn L Rev 261, 318.
IV — The Case at Bar Analyzed
Applying the seven-factor test for independent identification to the present case, we find that there are unanswered questions. Since Gorowski [98]*98was the only person not involved in the breaking and entering who identified Kachar, it could hardly be held that his testimony, if improperly admitted, was harmless error. Therefore, it becomes necessary to remand this case for a special hearing to determine whether there was a basis for independent identification. At such a hearing any pertinent factors in addition to the seven herein developed should, of course, be considered.
Turning then to the evidence pertinent to an independent basis of identification developed at trial (there was no special hearing on the subject) we find the following:
1. Prior relationship with or knowledge of the defendant. There was no evidence that Gorowski had seen or heard of Kachar before the alleged crime.22
2. Opportunity to observe the offense. Gorowski, pumping gas at his service station, saw the back of a person’s head as he drove into one of the garage bays. He subsequently saw him and another person transferring guns from one car to another. At that time he got a full face view for a brief time looking through a glass door from about 40 feet away.23
3. Length of time between offense and disputed identification. Gorowski identified defendant at trial nearly one year after the alleged crime24 and [99]*99misidentified defendant at the bar about three weeks before the trial.
4. Accuracy of prior descriptions and actual description. Gorowski identified the man involved in receiving the stolen guns as "big” and that he "looked like he had a beer belly, he was tall, reminded me of John Wayne”. There didn’t appear to be anything in the record to indicate how accurate this description was.
Gorowski seems to have identified defendant promptly at the photo showup, but it is not clear whether he did this from name identification or otherwise.
5. Previous identification or failure to identify defendant. Before trial, Gorowski failed to identify Kachar at a bar but explained this by saying the light was not good.
6. Previous identiñcation of another person as defendant. None.
7. Witness’s emotional condition at time of alleged crime. There is no indication Gorowski suffered from "fatigue, nervous exhaustion, alcohol or drugs” at the time of the alleged crime. Neither is there any indication he was excited or otherwise emotionally involved. He did seem curious as to what was going on and who was involved, as he asked someone he knew who the stranger was.
Summing up such analysis as can be made from the record, it would appear that Gorowski had no prior acquaintance with nor knowledge of Kachar. Gorowski was not particularly well positioned to see the alleged receiver of the stolen goods nor did he have very long to observe the transaction. The in-court identification was a year after this brief sighting and after Gorowski had failed to identify Kachar in a bar three weeks before. The photo showup identification, although prompt, was equiv[100]*100ocal because each of the pictures had the name of the person on it and Gorowski had heard Kachar’s name at the time of the transfer of the guns. Gorowski was curious as to what was going on and who was involved so he may have observed more closely than if he had been uninterested.
The facts as we have them add up to a difficult judgment, as the factors are both negative and positive with no evident preponderance. There is not on the present record sufficient evidence to determine that Gorowski did not have a basis for independent identification and likewise it would be difficult to decide that there was sufficient independent basis so that the defendant could be convicted beyond a reasonable doubt by this critical witness. However, because the trial court never had an opportunity to weigh these factors and to perhaps examine additional evidence, it does not seem advisable for us to make a decision on the basis of what may well be an incomplete evidentiary profile.
V — Conclusion
We therefore reverse the Court of Appeals and remand to the trial court for an evidentiary hearing in which the court will apply, within its sound discretion, such factors as will enable it to determine whether a basis independent of the tainted showup existed for the in-court identification. Should the court determine there was no such independent basis, a new trial shall be ordered. At such a trial, of course, Gorowski’s identification of Kachar shall be excluded.
As to other causes where the issue of tainted identification may arise, after the date of this decision, the trial court shall conduct an eviden[101]*101tiary hearing on a basis not inconsistent with the principles expressed in Anderson and this decision.
Levin, J., concurred with Williams, J.
Kavanagh, C. J., concurred in the result.
Fitzgerald, Ryan, and Blair Moody, Jr., JJ., took no part in the decision of this case.