State v. Vargas

Tanya Andrea Vargas appeals from the district court's decision affirming the magistrate's denial of Vargas's motion in limine, which sought suppression of the officer's out-of-court and in-court identification of Vargas. Vargas contends that the magistrate and district court erred in concluding that an officer's identification of a suspect does not raise due process concerns-and therefore does not require the court to employ the two-step reliability test for identifications made pursuant to suggestive identification procedures-if the identification stems from a photograph obtained as part of…