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Question
A shooting victim briefly saw the shooter's face under a streetlight before being wounded. At the hospital, doctors told police that the victim might need immediate surgery and might not survive. Police brought Sam, who had been stopped nearby with gunshot residue on his jacket, to the victim's hospital room. Sam was handcuffed and flanked by two officers. An officer said, "We need to know now if this is the shooter." The victim identified Sam.
Three months later, after Sam was charged and counsel was present, police conducted a six-person live lineup. All participants wore similar clothing and had similar builds. The victim again identified Sam but admitted that the hospital showup was what made him certain. At trial, prosecutors want to introduce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting.
Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineup, the in-court identification, and any harmless-error issue.