Question

To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created.
A. True
B. False

Answer 1

Answer:

The correct answer for this situation is: B. False

To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created.

Explanation:

There is a very important part missing here. To exclude identification evidence on due process grounds, defendants have to prove that the unnecessarily suggestive procedure created a very substantial likelihood or misidentification. In other words, it would be valid. Therefore, the correct answer is false.