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0 tracked cards Criminal Law and Procedure

After a defendant was indicted for robbery and counsel was appointed, police placed him in a live lineup with five fillers. Counsel was not notified and no waiver was obtained. The victim identified the defendant.
Which statement best describes the defendant's Sixth Amendment claim?

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A post-indictment live lineup requires counsel only if the witness has already testified. A post-indictment live lineup is valid whenever police believe the defendant is guilty. A post-indictment live lineup is a critical stage at which the defendant has a Sixth Amendment right to counsel absent a valid waiver. A post-indictment live lineup never requires counsel because it occurs before trial.

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