What is the test for excluding identification evidence in a motion to exclude identification evidence?
California, United States of America
The following excerpt is from The People v. Mobley, A124659, Super. Ct. No. 201125 (Cal. App. 2010):
The facts underlying defendant's motion to exclude the identification evidence were undisputed.5 This court applies a standard of independent review in determining whether under these facts the identification procedure was unduly suggestive. (People v. Avila (2009) 46 Cal.4th 680, 698-699.)
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