Does the exclusionary rule apply in cases involving identification testimony?

California, United States of America


The following excerpt is from People v. Chojnacky, 106 Cal.Rptr. 106, 505 P.2d 530, 8 Cal.3d 759 (Cal. 1973):

Defendant contends that (1) under United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178, it was error to admit certain identification testimony and (2) prosecutorial misconduct requires a reversal of the judgment. We reject the first contention on the ground that the Wade-Gilbert exclusionary rule is inapplicable here since the instant lineup Preceded the initiation of judicial criminal proceedings. We also reject the second contention, and we affirm the judgment.

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