At 7:30 p.m. on a Saturday night, police arrive on the scene of a convenience-store robbery, only minutes after it happens. The storeowner, Bill, tells police that a man approached the cashier's counter with a gun and demanded all the cash in the register. Bill had been working the register. The store was well-lit, and Bill tells police that the gunman was of average height and build, wore a red hooded sweatshirt, and covered his face with a white bandana. Bill, seeing the gun in his face, went into a state of shock and fumbled as he got the money out of the register, taking quite a while to put money in the gunman's sack. Bill also endured the gunman yelling at him to hurry up all during this time. The gunman had run out of the store about three minutes before police arrived on the scene. Police interview people that were in the store and in the surrounding neighborhood. Officer Duke notices a young man standing in the road outside of the store, wearing a red sweatshirt. 

The young man's name is David. David tells Officer Duke that he had been walking by the convenience store when he heard the yelling, but that he couldn't see much of the gunman because of the lack of windows into the store. David wants to help police, and agrees to go with them to the police station to provide a full statement. David also agrees with Officer Duke's suggestion that he remain at the station after his statement is processed so that he might look through mugshots. Before they bring him the photographs, however, Officer Duke asks David if he will help by filling out a line up for Bill to observe. David doesn't realize that he is a suspect, so he does not ask for an attorney, and he agrees to participate in the lineup. Each man in the lineup is wearing a hooded sweatshirt, but David's is the only one that is red. 

All men in the lineup also cover their faces with a white bandana. Officer Duke brings Bill into the room to observe the line up in front of a one-way mirror. Police say nothing while Bill tries to identify one of the men. Quickly and without hesitation, Bill identifies David as the one who robbed his store. David files a motion to suppress Bill's pre-trial, out of court identification at the lineup. What will be the outcome?

Answer rating: 100% (QA)

The outcome of Davids motion to suppress Bills identification is likely to be granted Heres why Sugg... View the full answer