What is the test for determining whether there was a very substantial likelihood of irreparable harm caused by misidentification?
MultiRegion, United States of America
The following excerpt is from United States v. Baxter, 492 F.2d 150 (9th Cir. 1974):
The other factor to be evaluated is the circumstances surrounding the identification. Simmons, 390 U.S. at 385, 88 S. Ct. 967. The issue is whether there was a very substantial likelihood of irreparable
[492 F.2d 172]
misidentification. Four specific indicators have been identified, three of which apply to this case. See Parker v. Swenson, 332 F.Supp. 1225 (E.D.Mo. 1971) for a summary of the four indicators identified by other courts and used in that case.[492 F.2d 172]
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