What is the test for having a defendant in a police lineup in the clothing in which he was arrested?
California, United States of America
The following excerpt is from Banks, In re, 4 Cal.3d 337, 482 P.2d 215, 93 Cal.Rptr. 591 (Cal. 1971):
7 There can be no objection to having petitioner appear in the clothing in which he was arrested. (People v. Floyd, 1 Cal.3d 694, 712, 83 Cal.Rptr. 608, 464 P.2d 64.)
8 This description is based upon the police photo of the lineup, admitted into evidence as defendant's exhibit B.
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