Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances, as held by the First Circuit Court of Appeals and other federal court of appeals, or only when the suggestive circumstances were orchestrated by the police, as held by the Missouri Court of Appeals and other courts?

QUESTION(S) PRESENTED When a witness in a criminal case identifies a suspect . out-of-court, under suggestive : circumstances which give rise to a substantial likelihood of later misidentification, due process requires the trial judge to determine whether the out-of-court identification and any subsequent in-court identification are reliable before either may be admitted into evidence. Question: Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances, as held by the First Circuit Court of Appeals and other federal court of appeals, or only when the suggestive circumstances were orchestrated by the police, as held by the Missouri Court of Appeals and other courts? : od