During an in-custody photo array, does a suspect have the right to counsel?

The assertion that a suspect has the right to counsel during an in-custody photo array is grounded in the legal framework established by the U.S. Supreme Court. Specifically, the right to counsel is guaranteed by the Sixth Amendment, which ensures that an individual has access to legal representation during critical stages of a criminal prosecution.

In-custody photo arrays are considered a critical stage because they can significantly affect the suspect's rights and the integrity of the judicial process. If the suspect is at a stage where charges are imminent or the investigation has moved into a prosecution phase, having the right to counsel ensures that their interests are protected and that any identification procedures are conducted fairly.

This right also serves to prevent potential abuses during confrontations, allowing an attorney to assist the suspect and safeguard their rights against potential coercion or misunderstanding during the process. Thus, the option stating that the suspect has the right to counsel during an in-custody photo array reflects a fundamental principle of legal representation in criminal proceedings.