How should the court rule

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Problem

Just hours after a burglary occurred, police officers interviewed a witness to the crime. An officer showed the witness several photographs, including one of a teacher. The witness said that the teacher's photograph looked like it could have been the burglar, but that he was not completely sure. Based on the witness's description, a police sketch artist drew a rendering of someone who looked generally like the teacher did in the photograph. The witness said that the rendering "kind of" looked like the burglar, but then again, he was not completely sure. Two police officers went to the teacher's home and requested that he appear in a lineup. The teacher agreed and accompanied the officers to the police station. The witness, who was seated outside of the lineup room, saw the teacher walk into the police station with the officers. During the lineup, which included the teacher and five other men with similar facial hair and body characteristics as the teacher, the witness identified the teacher as the burglar. The teacher was arrested and indicted. Get the instant assignment help. At trial, the teacher's attorney moved to exclude testimony regarding the witness's identification of the defendant at the lineup. How should the court rule?

Reference no: EM134013828

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