What is the legal test for showing up at the scene of a crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kessler, 692 F.2d 584 (9th Cir. 1982):

As an initial matter, we note that in most cases it is unavoidable that a show-up at the scene of a crime will be suggestive of guilt to a certain degree. Nevertheless, this court has found that show-ups are not objectionable unless "the 'procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.' " United States v. Booth, supra, 669 F.2d at 1239. Although at first blush it may appear that this standard says no more than that a procedure should be permitted unless it is impermissible,

Page 586

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