Which ID procedure triggers the right to counsel at the post-indictment stage?

Which ID procedure triggers the right to counsel at the post-indictment stage?

• A. Show ups
• B. Photo arrays
• C. Lineups
• D. All ID procedures

Answer: (C)

When formal charges have been brought, the procedure that triggers the right to counsel is the lineup. The landmark ruling established that, at post-indictment lineups, the defendant has the right to have an attorney present. This protection helps ensure the lineup is fair and that the eyewitness identification isn’t tainted by suggestive handling or police influence. Show-ups and photo arrays can occur at different times and aren’t guaranteed to involve counsel in the same post-indictment context, so the lineup is the procedure most clearly associated with the right to counsel after charges.

When formal charges have been brought, the procedure that triggers the right to counsel is the lineup. The landmark ruling established that, at post-indictment lineups, the defendant has the right to have an attorney present. This protection helps ensure the lineup is fair and that the eyewitness identification isn’t tainted by suggestive handling or police influence. Show-ups and photo arrays can occur at different times and aren’t guaranteed to involve counsel in the same post-indictment context, so the lineup is the procedure most clearly associated with the right to counsel after charges.