Can you show a photo array when the detainee is only a suspect and does not have counsel?

The correct response is that it is permissible to show a photo array to a detainee who is only a suspect and does not have counsel. In many jurisdictions, law enforcement is allowed to present photo arrays or lineups to suspects without their attorney present, particularly if the suspect is not formally charged with a crime. This practice is often upheld as long as it adheres to guidelines designed to reduce the potential for suggestiveness or misidentification.

In this situation, the photo array serves as a tool for the police to gather information and potentially identify the perpetrator of a crime. It is essential to ensure that the process is conducted fairly and impartially, without leading the suspect to a particular conclusion. The suspect's rights must be respected, but the absence of counsel does not automatically prohibit the use of a photo array as a means of investigation.

While some specific scenarios may involve additional legal requirements, the general principle allows for the presentation of a photo array in this context.