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A masked man robbed a convenience store at 11 p.m. The clerk saw the robber's eyes, build, jacket, and a distinctive scar on his neck for about 20 seconds under bright store lights. The clerk told police that the robber was about six feet tall, wore a green jacket, and had a neck scar. Ten minutes later, officers stopped Aaron three blocks away. Aaron was wearing a green jacket and had a neck scar. Officers handcuffed him, placed him next to a patrol car with flashing lights, and told the clerk, "We caught someone who matches your description; tell us if this is him." The clerk identified Aaron.
Two weeks later, after Aaron was indicted and appointed counsel, police conducted a live lineup without notifying counsel. Aaron was the only participant wearing a green jacket and the only participant with a visible neck scar. The clerk again identified Aaron. At trial, the prosecution plans to offer both pretrial identifications and asks the clerk to identify Aaron in court.
Aaron moves to suppress all identification evidence. Analyze the Sixth Amendment and due process issues, and discuss whether an in-court identification may still be allowed.