MBE Rules · Criminal Procedure
6A — lineups and identifications
The rule
Post-indictment lineups: counsel required (Wade). Pre-indictment lineups: no 6A right; due process bars unduly suggestive identification procedures that create a substantial likelihood of misidentification. Photographic arrays: no 6A right at any stage.
In plain English
After someone is formally charged, they have the right to have their lawyer present during lineups. Before charges, they don't have this right, but the lineup can't be so biased that it risks a wrong ID.
Worked example
Officer A conducts a lineup after the defendant is charged, but without the defendant's lawyer. This violates their rights. In a different case, a pre-charge lineup with only one person matching the description is unfair and risks misidentification.
Memory hook
Post-indictment, bring a buddy. Lineups need counsel after charges; before, it's just due process.
The trap
Students think: 6A applies to all lineups. Wrong, because it only applies post-indictment. The actual test is due process for pre-indictment lineups.
How examiners test it
MBE loves: pre-indictment lineup with suspect ID'd by witness. Trap: assuming 6A right applies. Test focuses on whether the lineup was suggestively conducted.
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