What is the test for making a claim that identification procedure is impermissibly suggestive?
MultiRegion, United States of America
The following excerpt is from United States v. Baxter, 492 F.2d 150 (9th Cir. 1974):
This rule is an application of the holding with respect to one-man lineups in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1947). A claim that an identification procedure is impermissibly suggestive is to "be evaluated in light of the totality of the surrounding circumstances." Simmons, 390 U.S. at 383, 88 S.Ct. at 970.
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