MCOLES State Licensing Practice Exam

Is a suspect allowed to have an attorney present during a corporeal lineup if they have not been arraigned?

1. Yes

2. No

3. Only if the police agree

4. Only for serious crimes

The correct answer is: No

In a corporeal lineup, the presence of an attorney is specifically related to the rights of the suspect under legal standards. The U.S. Supreme Court has established that a suspect has the right to have an attorney present during a lineup after they have been formally charged or arraigned. If the suspect has not been arraigned, they are not considered to have a right to legal representation at that stage, making them ineligible for an attorney's presence during the lineup. This ruling stems from the principle that the right to counsel is activated by a formal judicial proceeding, which includes arraignment. Before formal charges are placed, the suspect does not have the same protections regarding counsel present during investigative procedures such as lineups, thus affirming that the suspect is not allowed to have an attorney present unless they have been arraigned. This is rooted in the understanding of due process and the suspect's right to a fair trial, which begins once they have been charged with a crime.