The Supreme Court has ruled that in order for identification evidence to be thrown out of court, the defendant must show that:
I. the identification procedure was unnecessarily and impermissibly suggestive.
II. the procedure was not justified by the circumstances.
III. a better identification procedure should have been used.
IV. the procedure created a substantial likelihood of misidentification.

Question

Quizplus · Accepted Answer

The Supreme Court requires that the identification procedure must be unnecessarily suggestive and create a substantial likelihood of misidentification for the evidence to be excluded.

The Supreme Court Has Ruled That in Order for Identification