How are the courts likely to handle instances where a criminal defendant shows that a police identification procedure was suggestive?

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The courts are likely to exclude the results of a police identification procedure only after weighing the suggestibility evidence against factors indicative of reliability. The reliability factors might include the witness's opportunity to view the perpetrator, the witness's degree of attention, the accuracy of any prior description given by the witness, and the level of certainty demonstrated by the witness during identification. Simply showing that a procedure was suggestive is not enough to automatically exclude the results.

How Are the Courts Likely to Handle Instances Where a Criminal