The right to counsel guaranteed by the Wade-Gilbert cases does not apply at the outset of a criminal investigation, instead, the right must "attach" when a "triggering event" occurs.

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The Supreme Court in the Wade-Gilbert cases held that the right to counsel applies only during post-indictment lineups and cannot be invoked by a suspect at the outset of a criminal investigation. The right must attach when the government initiates adversarial proceedings, such as filing charges or obtaining a formal indictment, or when an individual becomes the focus of a criminal investigation and is subjected to custodial interrogation. These triggering events mark the point at which the Sixth Amendment right to counsel attaches and the individual is entitled to have an attorney present during any subsequent interrogations.

The Right to Counsel Guaranteed by the Wade-Gilbert Cases Does