Does a bank teller's identification of a defendant violate due process?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gann, 925 F.2d 1471 (9th Cir. 1991):

Defendant argues that the bank tellers' identification of him violated due process, because the identifications were based on an unduly suggestive photo display. Constitutionality of pretrial identification procedures is reviewed de novo. United States v. Bagley, 772 F.2d 482, 492 (9th Cir.1985). Those procedures must not be so suggestive as to taint subsequent in-court identification and therefore deny a defendant due process of law. Id. The test is whether the identification procedures were so impermissibly suggestive as to create a substantial likelihood of misidentification. Id.; Manson v. Brathwaite, 432 U.S. 98, 116 (1977).

Other Questions


Does the sentencing guidelines under Rule 32(c)(3)(3) of the Federal Guidelines violate due process or violate substantive or procedural due process? (MultiRegion, United States of America)
What is the test for determining whether an identification procedure violates a defendant's due process rights? (MultiRegion, United States of America)
Does a prosecutor violate due process when he seeks a superseding charge against a defendant for exercising his constitutional right? (MultiRegion, United States of America)
Does a threat of increased criminal charges during the course of a plea negotiation process violate due process? (MultiRegion, United States of America)
Does a sleeping juror violate a defendant's due process rights? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (MultiRegion, United States of America)
Does the failure to preserve or subject the fingerprints of a defendant to analysis violate his due process rights? (MultiRegion, United States of America)
What is the test for determining whether a defendant's due process rights have been violated? (MultiRegion, United States of America)
Can a defendant be denied due process by admitting to a pretrial identification that is "so impermissibly suggestive as to give rise to irreparable misidentification"? (MultiRegion, United States of America)
Can a defendant's due process rights be violated if a prosecutor's misconduct renders a trial fundamentally unfair? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.