California, United States of America
The following excerpt is from People v. Lynch, 237 P.3d 416, 50 Cal.4th 693 (Cal. 2010):
Rather, the rules requiring the presence of counsel were adopted for two primary reasons: to enable an accused to detect any unfairness in his confrontation with the witness, and to insure that he will be aware of any suggestion by law enforcement officers, intentional or unintentional, at the time the witness makes his identification. ( People v. Carpenter (1997) 15 Cal.4th 312, 368, 63 Cal.Rptr.2d 1, 935 P.2d 708.) Those purposes were satisfied here. Stephens and West were present at the lineup to detect any unfairness or suggestiveness, and indeed, defendant does not assert that any unfairness or suggestiveness occurred. In sum, defendant's Sixth Amendment right to counsel at the lineup was not violated.
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