A suspect was arrested on a charge of bank robbery. After formal charges had been filed, the suspect was scheduled for a lineup identification procedure. The suspect's attorney was notified of the lineup and arrived at the station prior to the scheduled lineup. He was directed to wait in the hallway outside the lineup room. When the suspect was escorted into the lineup room, the officer acknowledged the attorney but did not motion for him to follow them into the lineup room. The attorney remained seated in the hallway. Inside the lineup room, the six members of the lineup, including the suspect, stood on one side of the one-way mirror in full view of the witnesses gathered on the other side in the viewing area. The lineup members stepped forward one by one for a closer inspection. After the first two lineup members had been presented, an officer realized that the suspect's attorney was not present and immediately escorted him to the viewing area. The attorney arrived in time to witness the presentation of the suspect and the remaining three members of the lineup. Two witnesses then identified the suspect as the robber.

Required:
At trial, if the defense objects to the introduction of the lineup evidence, should the objection be granted?

Respuesta :

If the defense objects to the introduction of the lineup evidence, the objection  should be granted.

Line up evidence

Since witnesses the identified the suspect as the robber the objection should be granted.

The reason why it should be granted is based on the fact that the right to have counsel that are there  or present during the post charge lineup  is equally the right to have counsel present for the whole lineup.

Therefore the objection should be granted.

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