when does a suspect have the right to an attorney during a lineup

After a suspect has been indicted and has obtained counsel, he has a right to have counsel present during a lineup; if the lineup is conducted without counsel's presence, evidence of any ID made there cannot be used in court. This is the " Wade-Gilbert rule." Not all states use a grand jury indictment to charge defendants.

Full Answer

Do you have a right to an attorney at a lineup?

A criminal suspect’s right to an attorney does not begin at trial. Instead, the right arises during every critical stage, including in-person lineups. However, a person’s right to an attorney is not triggered at a photo array. 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 …

What are a suspect’s rights during a police lineup?

Aug 18, 2010 · As previously stated, a defendant has a Sixth Amendment right to counsel at a physical lineup if the suspect has been formally charged. The purpose of this right is to allow the defendant’s attorney to identify if he or she believes the lineup was impermissibly conducted or impermissibly suggestive in such a manner as to deny the suspect a fair trial by tainting the …

When does a criminal suspect have a right to an attorney?

3. Do I have the right to an attorney during a witness identification? 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. A live lineup is considered a “critical stage.” 7. 4.

When do you have a right to counsel at a lineup?

Jan 22, 2020 · A person has a Sixth Amendment right to counsel at a lineup or showup undertaken "at or after initiation of adversary criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." Moore v. Illinois, 434 U.S. 220 (1977); Kirby v. Illinois, 406 U.S. 682, 689 (1972).

What is the 6th amendment?

Defendants are afforded a Sixth Amendment right to counsel at “critical stages” of their prosecution. Additionally, they held that, if the police conduct such a lineup without notice to the defendant’s attorney and in the attorney’s absence, they are violating the defendant’s Sixth Amendment right to counsel.

How many witnesses were there at the riots?

Some ten to thirteen prisoners were placed on a lighted stage. The witnesses (approximately 100) were assembled in a darkened portion of the room facing the stage and separated from it by a screen.

Is an in-court identification inadmissible?

A subsequent in-court identification will also be inadmissible unless the government can establish by clear and convincing evidence that the in-court identifications were based upon observations of the suspect other than at the lineup identification.

Can a grand jury order a person to participate in a lineup?

It is within the power of a federal grand jury to order a person suspected of crime to participate in a lineup. The lineup in such a case will be a separate investigative procedure; it will not be physically incorporated into the grand jury proceedings. United States v.

Why shouldn't you answer police questions?

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.

What rights do you have when the police contact you about a crime?

If the police are contacting you about a criminal investigation, you want to exercise these important rights: Right to leave.

What happens if you are not under arrest?

If you are not under arrest and have not been given your Miranda rights under the 5 th Amendment to the U.S. Constitution, you can and should leave. If the police stop you, the problem may be that you may not be certain if you are being arrested or simply questioned. The best strategy is to ask the officer.

Which amendment gives you the right to remain silent?

You have a right to remain silent and not incriminate yourself under the 5 th Amendment. If the police are questioning you, you should invoke this right and remain silent. You should also advise the officer that you want your attorney present.

Can you discuss a case in jail?

If you are placed in a holding cell, do not discuss your case with inmates. Do not discuss your case on a jail telephone as the conversation could be tape recorded.