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0 tracked cards Criminal Law and Procedure

Before contacting police, a robbery victim searched social media on her own and found the defendant's public profile. She later told police that the profile photo showed the robber. The defendant moves to suppress the identification as suggestive.
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Due process requires police to suppress all private social-media searches. Due process screening for suggestive identification generally is not triggered by a private witness's own identification unless police arranged the suggestive circumstances. Due process applies only if the private witness is related to the defendant. Due process applies to private identifications exactly as if police arranged them.

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