Louisiana Private Investigator Licensing Practice Exam

Does the right to counsel in identification procedures extend to lineups before indictments?

1. Yes, always

2. No, never

3. Only in specific cases

4. Only if the suspect requests it

The correct answer is: No, never

The right to counsel in identification procedures, particularly during lineups before indictments, is not guaranteed. This principle stems from landmark cases in U.S. law, which established that the right to counsel is applicable once formal charges have been initiated, such as after an indictment or arraignment. Prior to this point in the process, suspects do not have the same protections concerning legal representation during identification procedures like lineups. While there may be varying interpretations and exceptions in certain cases, generally, the absence of a formal charge means that the right to counsel does not automatically apply to identification procedures conducted before an indictment. This is why the assertion that this right never extends to these early stages is accurate. It is important to note that this does not preclude the possibility of having counsel present in exceptional circumstances, but the overarching rule is that the right to counsel is not established until after formal charges have been made.