California, United States of America
The following excerpt is from People v. Green, 3 Cal.App.3d 240, 83 Cal.Rptr. 491 (Cal. App. 1969):
(d) The contention that a defendant is entitled to the presence of counsel when a witness is shown a group of photographs was discussed by us in People v. London (1969) 274 Cal.App.2d ---, 78 Cal.Rptr. 848. B As the decision points out, where the pre-court identification is by means of photographs, the photographs can be subpoenaed and from them the fairness or unfairness of the procedure will become objectively apparent to the trial court and jury. This distinguishes such a mode of identification from the pretrial physical lineup, where, unless counsel had been present, there is little opportunity to present to the trial court the actual procedure followed. It is that opportunity to know how the pretrial identification took place which the court in Wade made the basis of its requirement of counsel at physical lineups.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.