Answer to Question 1
b
Answer to Question 2
If in-court identification is tainted by an illegal out-of-court identification, it may be excluded. In this situation, a witness has previously identified the witness during an identification that was obtained illegally (such as where a post-indictment lineup was conducted in violation of the defendant's Sixth Amendment right to counsel). When identifying the defendant again at trial, the witness might be influenced by the prior identification. This is known as a tainted identification.
