[1] The Supreme Court held that the identification procedures used against Brathwaite did not violate the Constitution of the United States.

[1] On May 5, 1970, Jimmy Glover of the Connecticut State Police went to an apartment building in Hartford with an informant, Henry Brown.

[3] Glover then viewed the picture alone and positively identified Brathwaite as the person that had sold him the drugs.

[3] At his trial, the picture that Glover had used to make the positive identification was admitted into evidence without objection.

As such, the majority ruled that the appropriate factors to consider were those set out in Neil v. Biggers:"These include the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation.

[3]Applying the factors, the Court determined that the probative value of the evidence likely outweighed any prejudicial effect from its admission.