United States v. Nava-Ruiz

MEMORANDUM AND ORDER

PATTI B. SARIS, District Judge.

I. INTRODUCTION

The defendant moves to suppress out-of-court and in-court identifications made of the defendant as a result of an unduly suggestive identification procedure which took place on July 14, 2006. 1 In support of his motion, the defendant argues that the identification procedure used — of presenting a single photo to a police officer witness — was unduly suggestive and that the identification was otherwise unreliable. After an evidentiary hearing on September 7, 2007, the motion is DENIED.

II. BACKGROUND

A. Surveillance of a “Mexican…