(Report at 3-5); they described the gunman as a 5'10 Hispanic man, twenty-five years old, weighing approximately 185 pounds, (Tr. II at 180:15-23), and petitioner describes himself as being of Irish and Puerto Rican descent, thirty-one years old, 6'1, and weighing 185 pounds (Pet.6G); and both Mr. and Mrs. Trinh identified Petitioner at the line-up without hesitation less than twenty days after the robbery. (Tr. II at 232-33.) The evidence reflects that Mrs. Trinh's identification stemmed from a independent source and not from the allegedly unlawful arrest. 7 . The Court does not understand there to be a due process claim arising from Petitioner's arrest and subsequent identification by Mrs. Trinh. See, e.g., Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977) (<HOLDING>) (citing Simmons v. United States, 390 U.S.
recognizing  1983 substantive due process claim holding california postdeprivation recovery procedures satisfy due process despite lack of notice to claimant of recovery procedures holding that to protect defendants sixth amendment rights a court must determine whether witness identification testimony was tainted by impermissibly suggestive procedures recognizing due process violation when suggestive identification procedures create a very substantial likelihood of irreparable misidentification holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive