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Source Confrontation Clause Complete Evidence List Showing the closest available flashcard practice.

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0 tracked cards Criminal Law and Procedure

After indictment, police conducted a live lineup without notifying defense counsel. The witness identified the defendant. At trial, the prosecution asks the same witness to identify the defendant in court.
Which statement best describes the in-court identification issue?

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The in-court identification is always excluded after any pretrial lineup error. The in-court identification is excluded only if the witness is unavailable. The in-court identification is admitted only if the defendant requests it. The in-court identification may be admitted if the prosecution establishes an independent source untainted by the unconstitutional lineup.

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