Can a defendant exclude a witness's in-court identification due to unlawful detention?

A defendant cannot exclude a witness's in-court identification due solely to unlawful detention because the mere fact that a defendant was unlawfully detained does not automatically invalidate the identification. Courts typically analyze the totality of the circumstances surrounding the identification, including the reliability of the witness's identification process.

The rationale hinges on the principle that an in-court identification can be admissible even if the witness was exposed to potentially suggestive pre-trial identification procedures, as long as the in-court identification is based on an independent origin linked to the witness's observations of the events in question. Factors such as the level of exposure to the defendant in a non-confrontational setting, the clarity of the witness's observation during the event, and the time allowed for the witness to process the memory are all considered.

Therefore, even if a defendant proves that they were unlawfully detained, it does not establish grounds for exclusion unless there is a direct link demonstrating that the unlawful detention had a substantial impact on the witness's ability to identify the defendant.