U.S. v. Sanchez, No. 93-2112 (10th Cir.) (24 F.3d 1259) (May 20, 1994) (Judge Monroe G. McKay)
In analyzing the question of whether a photo-array was impermissibly suggestive, the Court invoked the following inquiry: "When the constitutionality of a photo array is challenged, the due process clause requires a two-pronged inquiry: first, the court must determine whether the photo array was impermissibly suggestive, and if it is …
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