The following excerpt is from Dearinger v. United States, 468 F.2d 1032 (9th Cir. 1972):
In this case, petitioner contends that the newspaper publication of his photograph in conjunction with a story on the robbery identifying him as an arrested suspect caused the subsequent lineup to be conducted under circumstances so prejudicial as to taint the later in court identifications.8 Our appraisal of this contention calls for a review of the "totality of the circumstances" under which these identifications were made. Stovall v. Denno, 388 U.S. 293, 302, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967). See Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968).
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