Foster v. California

Foster (defendant) was placed in a lineup wearing clothing similar to the robber's, standing next to two much shorter men; the witness could not positively identify him and, after a one-on-one meeting with Foster arranged by police, remained uncertain. Police then conducted a second lineup with Foster and four new men, and only then did the witness become certain Foster was the robber; that identification testimony was used to convict Foster, and the Supreme Court granted certiorari to assess the lineup procedures' constitutionality.