1.6 - 3. Lineups Conducted Pursuant To Court Order

JurisdictionNew York

3. Lineups Conducted Pursuant to Court Order

A suspect’s presence at a pre-accusatory lineup may be procured by court order. This generally occurs where a suspect is incarcerated on an unrelated case (or on a parole “hold”) where law enforcement must obtain a court order for the suspect’s production at the lineup. Where a suspect’s presence at an investigatory lineup is procured by means of a court order, the suspect has a right to have counsel at the lineup, unless he waives the right.17


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