Under the Sixth Amendment right to counsel, which of the following statements best describes an accused person's entitlement to counsel during police lineup identification procedures?
The right to counsel applies only during trial; there is no constitutional right to counsel at any pretrial lineup or show-up, whether or not charges have been filed.
A suspect has an automatic right to counsel at any lineup conducted before charges are filed, but not at post-charge lineups.
Once formal adversary proceedings have begun, a lineup is a critical stage; if it is held without notice to and in the absence of counsel, the out-of-court identification is generally inadmissible unless an independent source or harmless-error showing is made.
Identification evidence from a lineup is admissible so long as the procedure is not unduly suggestive, and the presence or absence of counsel is constitutionally irrelevant.
The Sixth Amendment right to counsel attaches once adversary judicial proceedings have begun (e.g., indictment, information, arraignment). A post-indictment lineup is therefore a critical stage at which counsel must be present unless the defendant knowingly waives that right. If the police conduct such a lineup without notifying or allowing the defendant's attorney to attend, the out-of-court identification is generally excluded; any subsequent in-court identification is also excluded unless the prosecution proves an independent source or that the error was harmless. By contrast, there is no constitutional right to counsel at a pre-indictment lineup; any exclusion in that setting depends on whether the procedure was unnecessarily suggestive under due-process analysis.
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What is the difference between pre-indictment and post-indictment lineups?