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Source Obscenity Complete Constitutional Law List Showing the closest available flashcard practice.

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0 tracked cards Criminal Law and Procedure

After a defendant was indicted and counsel was appointed, police showed the victim a six-photo array that included the defendant's photograph. Defense counsel was not notified.
Which statement best describes the Sixth Amendment issue?

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There is a Sixth Amendment right to counsel at a photo array only if the defendant is in custody. There is generally no Sixth Amendment right to counsel at a photographic display, even after formal charges, because the accused is not present at the procedure. There is always a Sixth Amendment right to counsel at any photographic display after suspicion begins. There is a Fifth Amendment right to counsel at photo arrays because viewing photos is testimonial.

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