Pretrial IDs

Question 1

6A Right to Counsel

Answer 1

Postcharge lineup or showup, lawyer has right to be there the whole time (not photo array though)

Question 2

Due Process Standard

Answer 2

D can attack an Id as denying due process when ID is unnecessarily suggestive and there’s substantial likelihood of misID

Question 3

Remedy for violation of pretrial ID

Answer 3

Remedy for unconstitutional ID is exclusion of the in-court ID