Was the showup suggestive? Was it admissible?

Question

Timothy Hiltsley, drinking and "buzzed," left a bar at approximately 1:00 a.m. with Boyd. He met a group of men he knew, including Tyronne Dubose, an African-American. Hiltsley invited two of the men and Boyd to his residence to smoke marijuana. At Hiltsley's apartment, Dubose allegedly held a gun to Hiltsley, took his and Boyd's money, and left with his companion. Within minutes, a neighbor called police to report a possible burglary. She described two fleeing African-American men, one wearing a large hooded flannel shirt. Hiltsley and Boyd chased Dubose and the other man. They met police officers responding to the burglary call, and described the suspects as African-American, one standing about 5-feet 6-inches, and the other a little taller. Dubose, not wearing a flannel shirt, was captured by police. He said he had an argument with his girlfriend and had just left her house; that he ran because he thought she might have called them. He was arrested, searched, and no weapons, money, or contraband was found. Dubose was placed in the back of a squad car. Hiltsley was placed in the backseat of a second squad car, which was parked so that its rear window was three feet apart from the rear window of the squad car containing Dubose. The dome light was turned on in the car containing Dubose. The officers told Hiltsley that Dubose was possibly one of the men who had robbed him at gunpoint, and asked Hiltsley if he could identify the man in the other squad car. Hiltsley told the police that he was 98 percent certain that Dubose was the robber, due to his small, slender build and hairstyle. Dubose sat alone in the back seat of the other squad car.
What will be an ideal response?

Answer 1

YES; NO.