The following excerpt is from Silva v. Brazelton, 1:10-CV-00409 LJO MJS HC (E.D. Cal. 2013):
witness to identify, or where a witness perceives pressure from police officers to "acquiesce" in identifying a particular individual such that the possibility is raised that the identification may have stemmed from suggestion and not from the witness's own recognition of the suspect); see also Foster v. California, 394 U.S. 440, 443 (1969) (An identification procedure is impermissibly suggestive if it "[i]n effect ... sa[ys] to the witness, 'This is the man.'" (citation omitted)). Whether an identification procedure was unduly suggestive is a fact specific determination, which may involve consideration of the size of the array, the manner of its presentation by the officers, and the details of the photographs themselves. If the identification procedure was not unduly suggestive, the analysis ends.
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