When a suspect who has not formally been indicted or otherwise formally charged is placed in a lineup,counsel need not be present.

Question

Quizplus · Accepted Answer

This is true because the Sixth Amendment right to counsel only applies once formal charges have been brought against a suspect. Prior to this point, there is no need for counsel to be present during a lineup. However, if the lineup is conducted in a way that is unnecessarily suggestive or violates the suspect's due process rights, the suspect may be able to challenge the lineup in court regardless of whether counsel was present.

When a Suspect Who Has Not Formally Been Indicted or Otherwise