a suspect does not have the right to have an attorney present when an identification procedure

Depending on the type of identification and the time that it takes place, an individual may or may not have the right to have their attorney present. Under the Sixth Amendment, a criminal defendant is entitled to the effective assistance of counsel.

Full Answer

Does a suspect have a right to an attorney?

Only in a live lineup does a suspect have a right to have an attorney present during the procedure. The 6th Amendment to the United States Constitution guarantees the right to counsel at “critical stages” of the prosecution.

Can the prosecution use out-of-court identification in court?

Jan 03, 2022 · You should also advise the officer that you want your attorney present. You should not answer the police officers’ questions or talk to them because they could get you to make incriminating statements. Right to an attorney. Under the 6 th Amendment to the Constitution, you have a right to an attorney. If you are a suspect or are even worried that you are, you want …

Do I need a lawyer for a line up identification?

The Supreme Court has ruled that a suspect DOES have the right to have an attorney present when an identification procedure such as a photo display, composite image, or sketch is employed. TRUE A one- on- one confrontation should be used as an identification procedure only when a situation arises in which a proper line up cannot be arranged quickly.

Can police use photos to identify suspects?

No person has a right to have a lawyer present at any show-up procedure. When Single Photographs May be Used If the victim/witness knows the suspect then a single photograph of the suspect can be presented to the

Does a suspect need counsel during identification by police line up?

If a suspect is in a physical lineup, he or she has the right to an attorney. ... If a suspect had a lawyer and he or she was not present during a physical lineup, the lawyer can attempt to have the identification at the lineup suppressed from evidence.

What is the proper procedure for identification of a suspect by a witness?

A photo array consists of six to nine photographs displayed to a witness. An officer might create an array by selecting photographs of persons deemed to resemble the perpetrator. Officers might then display the photographs one at a time to the witness and ask whether she or he recognizes each one.

At which of the following is a suspect entitled to counsel?

After being formally charged with a crime, a suspect in a lineup or other confrontation is entitled to have a lawyer present.

When identification procedures violate constitutional provisions the results from such?

When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: Accurate.

What are the methods of identifying suspects?

Three identification methods require the services of a forensic or investigative specialist: fingerprint comparison, DNA compari- son, and composite drawing. A more common identification method, the police lineup, involves investigators, witnesses or victims, and a known suspect.May 20, 2008

How do police investigation establish the identity of suspect?

Typically the identity of the culprit is developed in some other way and then physical evidence is used to help establish proof of guilt. Possible exceptions to this pattern are fingerprints (when analyzed through AFIS or Automated Fingerprint Identification System technology) and DNA banks.

Which court decision held that once a suspect has invoked his her right to an attorney police may not continue interrogation without his her attorney present?

In Edwards v. Arizona, the Court held that once the defendant invokes the right to counsel during custodial interrogation, the police must cease interrogation and can never re-initiate interrogation.

At what stage is a suspect entitled to have a lawyer quizlet?

A suspect has a right to a lawyer at the time when judicial proceedings have been initiated against him -- whether by formal charge, preliminary hearing, indictment, information, or arraignment.

When a witness identifies the suspect for the first time in court this is best known as?

-a witness will identify the accused for the first time in court, which is referred to as an in-court showup. -The key feature of an in-court showup is that the witness has not identified the suspect, either in a lineup or related procedure, prior to trial.

What happens when the 5th Amendment is violated?

Even if a person is guilty of a crime, the Fifth Amendment demands that the prosecutors come up with other evidence to prove their case. If police violate the Fifth Amendment by forcing a suspect to confess, a court may suppress the confession, that is, prohibit it from being used as evidence at trial.

What right does the accused have with regard to who determines his/her legal guilt or innocence?

These include right to trial by jury (unless jury trial is waived), to representation by counsel (at least when he is accused of a serious crime), to present witnesses and evidence that will enable him to prove his innocence, and to confront (i.e., cross-examine) his accusers, as well as freedom from unreasonable ...Mar 19, 2021

Is the right to an attorney in the Bill of rights?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What is an informal identification?

An “informal” identification procedure occurs when an officer arranges to take a witness to observe a suspect who is at liberty. Generally, the suspect will be unaware of the observation.

When should an immediate show up be arranged?

In emergency circumstances, such as when a witness is in danger of death or blindness, or when a suspect is in danger of death, an immediate show-up may be arranged if medical authorities permit. In these situations, time and location limitations contained in the preceding guidelines can be disregarded. But if the suspect will be hospitalized for a lengthy period and is not in danger of death, then it is proper to follow the guidelines above.

Why is sequential photo array important?

The sequential photo array is one such procedure utilized by the Madison Police for identification of suspects when the suspect is unknown or only partially known by the victim or witness.

What is an in person lineup?

An in-person lineup is an identification procedure in which a suspect is placed in a live group setting and presented to a witness. In-person lineups are generally appropriate when the use of photographs would not be suitable for a victim/witness to identify a suspect or if the display of additional characteristics is needed (voice, gesture, walking, etc.).

When is a composite drawing used?

When there is no viable suspect and the use of the photo array is impractical due to lack of suspect leads , a composite drawing may be utilized. A composite drawing is an investigative tool, used to develop additional leads that may contribute to probable cause for arrest. It shall not be relied upon solely as probable cause for arrest.

Can a police officer suggest opinions to a witness?

police officer must not, by word or gesture, suggest opinions to any witness that the suspect committed the crime. Witnesses making inquiries about an officer’s opinion shall be informed of this restriction.

Should there be a show up for each witness?

If there are several witnesses to a crime, and a show-up is feasible and proper, arrangements should be made for each witness to view the suspect separately. If an identification is made by the first witness, arrest is appropriate and further identification by other witnesses should not occur. Witnesses should be instructed not to discuss their identifications with others.