If There Is an Unnecessary Delay in Formally Charging an Accused

If there is an unnecessary delay in formally charging an accused the court will:

A) Admit a lineup conducted without the presence of counsel because formal adversary proceedings have not begun.
B) Not admit a lineup conducted without the presence of counsel even though formal adversary proceedings have not begun.
C) Admit the lineup conducted without the presence of counsel even though the defendant demonstrates that despite the absence of formal adversary judicial proceedings,the government had crossed the constitutional significant divide from fact finder to adversary.
D) Not admit the lineup conducted without the presence of counsel because the defendant demonstrates that despite the absence of formal adversary judicial proceedings,the government had crossed the constitutional significant divide from fact finder to adversary.