Officer Gray Was Investigating a Case Involving a Serial Rapist

Multiple Choice

Officer Gray was investigating a case involving a serial rapist. When DNA tests came back from the lab, Officer Gray realized that Hal, who was in the county jail awaiting trial on unrelated charges, was the prime suspect. He looked through booking photos but had trouble finding men who were similar because Hal was 6' 10" tall and weighed 180 pounds. He decided to use four men who were about Hal's age and the same ethnicity as Hal. Officer Gray intentionally did not notify Hal's attorney that the lineup was being conducted. Officer Gray asked jail staff to bring Hal and the four other men to the viewing room. All of them were wearing jail uniforms. Officer Gray then allowed the victims, who had been chatting in the coffee room, to view the lineup. Officer Gray asked each of the men to put on a jacket that was found at the scene of one of the rapes. Hal was the only one who was able to do so; the jacket was much too small for the other men. The victims stood close together, and as soon as one indicated that Hal was the rapist the others agreed. Did having Hal put on the jacket violate his rights?

A) Yes, Hal has a Fifth Amendment right not to do anything that was incriminating.
B) Yes, having the lineup organized so that only Hal would fit into the jacket violated Hal's Due Process rights.
C) No, everyone in the lineup was told to put the jacket on.
D) No, Hal's Fourth Amendment rights were not violated because the jacket was found during a legal search of the crime scene.