The rule that a defendant is not entitled to the presence and advice of a lawyer during a lineup or other face-to-face confrontation because he has not been formally charged with an offense is known as the

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The Kirby rule, established in the case Kirby v. Illinois, holds that a defendant is not entitled to the presence and advice of a lawyer during a lineup or other face-to-face confrontation before formal charges are filed. This contrasts with the rights afforded after formal charges, as outlined in cases like United States v. Wade and Gilbert v. California, which require the presence of counsel during post-charge lineups.

The Rule That a Defendant Is Not Entitled to the Presence