Who may be present during a lineup?

3.3. Under California law on police lineups, a defendant is permitted to call to the stand a scientific expert witness who can testify on the unreliability of eyewitness identifications—and the psychological factors that can prompt a witness to identify the wrong person.

Is a lineup a form of interrogation?

Wade, 417 which, with Gilbert v. California, 418 held that lineups are a critical stage and that in-court identification of defendants based on out-of-court lineups or show-ups without the presence of defendant’s counsel is inadmissible. …

How do suspect lineups work?

In a standard sequential lineup, the suspects or their photos are presented one at a time to the witnesses only once. Witnesses make decisions about each individual suspect before the next one is shown and they do not know the total number of suspects.

Does a suspect need counsel during identification by police line up?

If a suspect is in a physical lineup, he or she has the right to an attorney. If a suspect had a lawyer and he or she was not present during a physical lineup, the lawyer can attempt to have the identification at the lineup suppressed from evidence.

What triggers Miranda warnings?

To trigger the right to a Miranda warning, the suspect must be in custody (reasonably feel unable to leave) and subjected to interrogation (conduct intended or likely to induce an incriminating response).

How do police narrow down suspects?

Police lineups are considered to be a “critical stage” in the criminal justice process, as they help narrow down suspects.

Do you have a right to counsel in a lineup?

A person has a Sixth Amendment right to counsel at a lineup or showup undertaken “at or after initiation of adversary criminal proceedings–whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.” Moore v.

What are the 4 Miranda rights?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.