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:

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To exclude identification evidence on due process grounds, defendants must show that the identification procedure was not only unnecessarily suggestive but also that it created a very substantial likelihood of misidentification. This standard is designed to protect the fairness of the legal process by ensuring that convictions are not based on unreliable eyewitness identifications.

To Exclude Identification Evidence on Due Process Grounds, Defendants Have