A judge would have to rule that the manner in which the ID was made was so unfair as to be contrary to constitutional requirements of due process. If the process was in fact as described in the news report, yes, I could see how a judge could reach that conclusion and exclude the photo ID evidence.
Apparently the procedure may also have contravened recent North Carolina rules applicable to preparing photo lineups, but I don't know whether the remedy for violating that is to exclude the evidence or rather slap the police detectives on the wrist.
Thanks for that. I hope the voters in Durham recognize the mistakes here and hold someone accountable
I think it has to be excluded.