What factors must be considered to determine whether a witness was able to identify a suspect at the time of the crime?
California, United States of America
The following excerpt is from People v. T.M. (In re T.M.), 2d Crim. No. B282765 (Cal. App. 2018):
this determination include the opportunity of the witness to view the suspect at the time of the offense, the witness's degree of attention at the time of the offense, the accuracy of his prior description of the suspect, the level of certainty demonstrated at the time of the identification, and the lapse of time between the offense and the identification. (People v. Cunningham (2001) 25 Cal.4th 926, 989.)
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