If a police identification procedure has been unduly suggestive and unnecessary, is it unlawful?
California, United States of America
The following excerpt is from People v. D.M. (In re D.M.), A131153 (Cal. App. 2012):
Even if the identification procedure had been unduly suggestive and unnecessary, it would not be unlawful because the identification itself was nevertheless reliable under the totality of the circumstances. (Manson v. Brathwaite (1977) 432 U.S. 98, 116 [suggestive police identification procedures not unlawful unless they create a "very
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