Identification procedures are protected by the Fourth and Fifth Amendments only.

Question

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Identification procedures are primarily protected by the Sixth Amendment, which guarantees the right to counsel during criminal prosecutions, and this has been interpreted to include certain pre-trial identification procedures. The Fourth Amendment protects against unreasonable searches and seizures, which can indirectly relate to identification in terms of how evidence or identifications are obtained. The Fifth Amendment protects against self-incrimination, which can also indirectly relate to identification procedures.

Identification Procedures Are Protected by the Fourth and Fifth Amendments