What is the test for establishing that identification procedure does not violate due process?

MultiRegion, United States of America

The following excerpt is from U.S. v. Thimm, 83 F.3d 430 (9th Cir. 1996):

An identification procedure does not violate due process unless it is "so impermissibly suggestive as to give rise to a substantial likelihood of irreparable misidentification." United States v. Givens, 767 F.2d 580, 581 (9th Cir.) (citation omitted), cert. denied, 474 U.S. 953 (1985). If the procedure is impermissibly suggestive, the court must look to the totality of the circumstances to determine if the procedure was "nonetheless reliable" to satisfy the due process. Id. (citation omitted).

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