The following excerpt is from Trice v. Biter, Case No. 1:11-cv-00951-LJO-SKO-HC (E.D. Cal. 2014):
It is not only the presence of improper state conduct in arranging and conducting the unnecessarily suggestive pretrial identification procedures, but also the reliability of the identifications that figures in the determination of whether evidence of the identification must be excluded. Manson v. Brathwaite, 432 U.S. at 100-14. Identification testimony is inadmissible as a violation of due process only if 1) a pretrial encounter is so impermissibly suggestive as to give rise to a very
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substantial likelihood of irreparable misidentification, and 2) the identification is not sufficiently reliable to outweigh the corrupting effects of the suggestive procedure. Perry v. New Hampshire, 132 S.Ct. at 720.
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