Any statements a suspect makes during a non-testimonial identification procedure are inadmissible unless the suspect's attorney is present.

• A. True
• B. False
• C. Only if the suspect is under 18
• D. Only if the suspect consents in writing

Answer: (A)

During non-testimonial identification procedures, the safeguards surrounding a suspect’s rights kick in to prevent the procedure from becoming a vehicle for self-incrimination without legal guidance. Those procedures—lineups, showups, and photo arrays—are designed to identify a suspect, but the process can pressure a person to speak or reveal details. The rule is that statements made by a suspect in the course of these procedures are not admissible at trial unless the suspect’s attorney is present. This ensures the suspect can obtain legal counsel and that any statements are made knowingly and voluntarily, free from coercion during identification.

That’s why the statement in the question is correct: the admissibility of any statements hinges on the attorney’s presence during the NTIP. The other options aren’t accurate because the protection isn’t limited to minors, and it isn’t conditioned on consent in writing—counsel presence, not age or written consent, governs admissibility.