What is the test for a pretrial identification procedure that violates a defendant's due process rights?
California, United States of America
The following excerpt is from People v. Maxwell, F063834, F063839, F064407, F065264 (Cal. App. 2014):
"A pretrial identification procedure violates a defendant's due process rights if it is so impermissibly suggestive that it creates a very substantial likelihood of irreparable misidentification. The defendant bears the burden of proving unfairness as a 'demonstrable reality,' not just speculation. [Citations.]" (People v. Contreras (1993) 17 Cal.App.4th 813, 819 (Contreras); see People v. DeSantis (1992) 2 Cal.4th 1198, 1222.)
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