In order to exclude identification evidence on due process grounds,defendants must prove the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification:

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Defendants must prove by a preponderance of the evidence that the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification. This means that they must show it is more likely than not that the identification was unreliable due to the suggestive procedure. It is not required for the defendant to prove this beyond a reasonable doubt, as that is a higher standard of proof required in criminal trials. Clear and convincing proof is also a higher standard than preponderance of the evidence, and beyond a reasonable suspicion is a standard used in some investigative situations but not in exclusionary evidentiary proceedings.

In Order to Exclude Identification Evidence on Due Process Grounds,defendants