You are the judge. Based on the applicable legal principles, how would you rule and why?

Question

Steve was cramming for his criminal law final when he realized that his black backpack had been stolen from his seat at the library. He went to campus police and described the last person who he had seen in the vicinity of his seat as a "slight, white male with a scruffy beard and wearing a grey sweatshirt with a prominent sport logo on the front." Officer Blue was on patrol when he received the report and approximately two miles from campus, noticed a white male with a grey sweatshirt getting into a parked car. When Blue rushed to the car and blocking it in with his cruiser, he looked into the car and saw a black backpack on the back seat. The man in the car identified himself as Kent and claimed the backpack was his. Blue called back at the station to bring Steve by Kent's car to see if he could identify him. When Steve arrived, Kent was handcuffed and sitting in back of Officer Blue's squad car, and Steve identified him as the man he had seen earlier. The backpack in Kent's car belonged to Steve and at his trial for larceny, Kent sought to suppress Steve's pre-trial identification on the grounds that the show-up was unduly suggestive and should be excluded.
What will be an ideal response?

Answer 1

ANSWER: Answers may vary: By their very nature, show-ups are unduly suggestive absent some exigent circumstance such as the impending death of the only eyewitness.