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Police Are in the Initial Stages of Investigating a Suspect

Question 58

Multiple Choice

Police are in the initial stages of investigating a suspect for involvement in a criminal offense. The suspect has not been indicted. Police arrange for a lineup, but don't provide counsel for the defendant. In the course of conducting the lineup, police followed certain procedures that were highly suggestive to the witness called upon to participate in the lineup. Given this scenario, _____.


A) no constitutional violation occurred
B) a Sixth Amendment violation occurred, because police failed to provide an attorney
C) a Fifth Amendment violation occurred, because of the suggestive nature of the process
D) both Fifth and Sixth Amendment violations occurred

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