Manson v. Brathwaite

Reliability is the linchpin in determining the admissibility of identification testimony for identifications occurring prior to and after arrest. Reliability depends on the “totality of the circumstances.” The factors to be weighed against the corrupting effect of the suggestive procedure in assessing reliability are whether the witness had an opportunity to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation. Under the “totality of the circumstances” in this case, there does not exist a very substantial likelihood of irreparable misidentification. A trained officer with a sufficient opportunity to view the suspect, who accurately described him, positively identified the defendant’s photograph as that of the suspect, and made the photograph identification only two days after the crime is reliable.