What is the test for determining whether an identification procedure violates a defendant's due process rights?
MultiRegion, United States of America
The following excerpt is from Guzman v. Spearman, Case No.: 16cv2659-MMA (AGS) (S.D. Cal. 2018):
"To determine whether an identification procedure violates a defendant's due process rights, a court must consider whether under the totality of the circumstances the identification was reliable even though the confrontation procedure was suggestive." United States v. Drake, 543 F.3d 1080, 1088 (9th Cir. 2008) (quotation marks omitted). Courts consider a variety of factors, including "the opportunity of the witness to view the
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