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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 a The legal right to the presence of a lawyer at a lineup exists only if the lineup takes place after an initial appearance before a magistrate or the initiation of formal prosecution by the filing of either an information or the return of an indictment, and the lineup is connected with the offense for which the suspect made an initial appearance or was charged. *kEEEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: 6-2.4.1 Lineups Prior to Arrest or Initiation of Prosecution If a suspect voluntarily appears in a lineup before|initial appearance|or initiation of prosecution, or is compelled to appear pursuant to a court order or grand jury subpoena (See 6-2.11, Detention of Suspects for Lineups), he/she shall be informed that he/she may retain counsel for the lineup if he/she wishes, but that he/she has no legal right to counsel and one will not be appointed to represent him/her. The suspect shall be so informed sufficiently in advance of the lineup to enable him/her to secure the services of an attorney at his/her own expense. If the suspect fails to retain counsel, it is not necessary to obtain a waiver or execute Form FD-404, Your Rights at a Lineup. The lineup may be held without the presence of a defense attorney. **EEEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 6-2.4.2 Lineups After Arrest or Initiation of Prosecution (1) Unrelated Offenses - Even after the initiation of criminal charges, a suspect does not have the right to counsel at a lineup relating to other criminal offenses which have not been formally charged to the suspect. For example, if a suspect is arrested and charged with Theft from Interstate Shipment, and subsequently is developed as a bank robbery suspect, he would have no legal right to be represented by counsel at a lineup held for witnesses of the bank robbery. This rule applies whether the suspect is in custody or on bond. If such a lineup is contemplated, the suspect should be informed well in advance of the lineup that he has no legal right to an attorney at the lineup and one will not be appointed to represent him. If the suspect is already represented by retained or appointed counsel, or desires to hire an attorney, he should be permitted to do so and have the attorney at the lineup to represent him. If the suspect fails or declines to retain counsel, the lineup may proceed without the presence of a lawyer for the suspect. In that event, it is unnecessary to obtain a waiver or execute Form FD-404. (See 6-2.4.) (2) Same Offense ~- A suspect has the right to a lawyer S Printed: 05/05/2004 13:08:54 Page 3