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.
