Which statement about pretrial identification and Miranda is correct?

Which statement about pretrial identification and Miranda is correct?

• A. Miranda does not apply to lineups, show-ups or photo arrays
• B. Miranda applies to every pretrial identification
• C. Miranda rights must be read before any lineup
• D. Miranda right to counsel applies to lineups

Answer: (A)

Miranda warnings are triggered by custodial interrogation, not by pretrial identification procedures. Lineups, show-ups, and photo arrays are not interrogations, so Miranda does not require warnings before or during these identifications. The identification process can proceed, though identifications obtained in unnecessarily suggestive procedures may be challenged under due process, and there can be separate Sixth Amendment rights at post-indictment lineups (the right to counsel during lineups), which is not the same as Miranda. So the statement that Miranda does not apply to lineups, show-ups, or photo arrays correctly captures the rule. The other statements misstate the scope: Miranda warnings are not required for every pretrial identification, there is no obligation to read Miranda rights before a lineup, and the right to counsel in lineups stems from the Sixth Amendment (post-indictment), not from Miranda.

Miranda warnings are triggered by custodial interrogation, not by pretrial identification procedures. Lineups, show-ups, and photo arrays are not interrogations, so Miranda does not require warnings before or during these identifications. The identification process can proceed, though identifications obtained in unnecessarily suggestive procedures may be challenged under due process, and there can be separate Sixth Amendment rights at post-indictment lineups (the right to counsel during lineups), which is not the same as Miranda.

So the statement that Miranda does not apply to lineups, show-ups, or photo arrays correctly captures the rule. The other statements misstate the scope: Miranda warnings are not required for every pretrial identification, there is no obligation to read Miranda rights before a lineup, and the right to counsel in lineups stems from the Sixth Amendment (post-indictment), not from Miranda.