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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 screening for suggestive identification generally is not triggered by a private witness's own identification unless police arranged the suggestive circumstances. Due process automatically excludes every private identification made before police arrive. Due process requires police to suppress all private social-media searches. Due process never permits cross-examination about private identification weaknesses.

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