According to the Supreme Court, when is there a right to counsel in lineups?

Study for the LSBPIE Private Investigator Exam with comprehensive flashcards and multiple-choice questions. Understand key concepts and get detailed explanations to boost your confidence and preparedness for the test.

The correct choice is that the right to counsel in lineups only applies after indictments. The Supreme Court has established through legal precedent that the right to counsel is triggered at the point when formal charges have been filed against a defendant, which generally occurs after an indictment. Prior to this stage, law enforcement typically does not have an obligation to provide counsel during lineup procedures.

In the context of lineups, the rationale is that the presence of legal representation is crucial when the accused is facing the possibility of being identified and subsequently charged with a crime. This emphasis on the right to counsel reflects the importance of ensuring fair legal representation in the judicial process once the prosecution moves forward with formal allegations.

Procedures such as photo identification or other pre-trial activities do not afford the same level of protection regarding the right to counsel because they are typically viewed as investigative rather than accusatory in nature, meaning prior to indictment, individuals do not enjoy the same rights as they would during a formal prosecution stage.

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