The following excerpt is from Hernandez v. Schneckloth, 425 F.2d 89 (9th Cir. 1970):
Appellant's contention that he was denied due process through being forced to appear in a police lineup is without merit. The district court correctly held that "appearance in a line-up does not come within the Fifth Amendment right against self-incrimination; and an individual does not have the right to refuse to submit to eye-witness identification." United States v. Wade, 1967, 388 U.S. 218, 222, 87 S.Ct. 1926, 18 L.Ed.2d 1149. Moreover, as the district court said, "Here the line-up or other type of eye-witness identification could have been conducted after arraignment. Therefore the delay in arraignment did not permit the police to obtain evidence against petitioner that they otherwise might not have been able to obtain."
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