crim- Identification Procedures2. Admissibilityo Lineup evidence at trial If the defendant moves to suppress evidence that a witness picked the defendant out of a lineup, the court will consider whether the lineup was __________________________ __________________________________ If it was, the court can exclude the testimony.o In-court identification The prosecution must establish by ___________________________________________ evidence that the witness would have identified the defendant even without the suggestive lineup.Example 32: Ingrid is charged with art theft. The prosecution alleges that she stole a small but valuable sculpture from an art gallery by putting it into a large shopping bag. The police ask Oscar, who works at the gallery, to view a photo array of five potential perpetrators. Ingrid is the only blonde-haired woman in the array and she appears quite a bit younger than the others. Oscar identifies Ingrid. The police then place Ingrid in a lineup. Preeta, another gallery employee, views the lineup. The Assistant D.A. asks Preeta, "Do you see the person who walked out of the gallery with a large shopping bag?" Preeta says no, but adds that she "saw the third person from the left" - Ingrid - "reach into a lady's pocket and steal her wallet." The A.D.A. knows that another patron at the gallery, Sarah, had filed a complaint with the police that her pocket had been picked on the day of the alleged sculpture heist. So the A.D.A. obtains a search warrant for Ingrid's house, and the police find Sarah's wallet. Ingrid is now charged with larceny against Sarah as well as art theft. Which of the following statements about the use of evidence are true?A) Is the wallet admissible at Ingrid's trial for larceny even though Ingrid's lawyer was not present at the lineup? B) Is Oscar's identification inadmissible at Ingrid's trial because Ingrid's lawyer was not present?

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