The following excerpt is from U.S. v. Beierle, 894 F.2d 410 (9th Cir. 1989):
This court previously has acknowledged that a complete failure to identify a suspect in a photospread does not make a later in-court identification unreliable when other indicators of reliability are present, such as a long opportunity to view, attentiveness, and a detailed and fairly accurate description. United States v. Valenzuela, 722 F.2d 1431, 1433 (9th Cir.1983). If a complete failure to identify a defendant in a photospread does not destroy the reliability of a witness's identification, then neither should an equivocal identification, when the witness actually identifies the defendant.
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