The following excerpt is from Gilbert v. United States, 366 F.2d 923 (9th Cir. 1966):
At trial the government did not rely upon the seized photographs as evidence.6 Appellant, in cross-examining witnesses who identified him as a participant in the robberies involved here, brought out the fact that prior to the trial most of the witnesses had identified appellant from photographs, including one of those taken from appellant's apartment. Appellant argues that the courtroom identification should have been suppressed as fruits of an unlawful seizure. Wong Sun v. United States, 371 U.S. 471, 488, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).7
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