Crucial Exams

Multistate Bar Examination Practice Question

A defendant is charged with a felony and is called to participate in a police lineup. The lineup occurs after the defendant has been formally charged, and their attorney is not notified of the lineup in advance. During the lineup, a witness identifies the defendant as the perpetrator. The defendant later moves to suppress the witness's identification on the grounds that their constitutional rights were violated. Which argument best supports the defendant's claim?

  • The right to counsel applies to trial proceedings and does not extend to pretrial procedures like lineups.

  • The defendant's Sixth Amendment right to counsel attaches after formal charges and applies to post-charge lineups, which are considered a critical stage of prosecution.

  • The right to remain silent and to be presumed innocent applies to police lineups, forcing participation is a violation of these rights.

  • Police lineups conducted after formal charges are admissible, as they are not classified as improper interrogations.

Multistate Bar Examination
Criminal Law and Procedure
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