a. A man dressed in black and wearing a skeleton mask robbed a local bank. A wit

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a. A man dressed in black and wearing a skeleton mask robbed a local bank. A witness getting a good look at the robber described him as a large and tall male with long dark hair. The witness also told the police the direction the robber went when he ran from the bank. Within several minutes and just a few blocks from the bank, police officers saw a man who met the description. The officers detained the man, handcuffed him, put him in their patrol car and took him to the bank. The officers told the witness they caught a person who met the description she gave and asked the witness to ID the person. They took the witness outside to the police car, so she could ID the person who was sitting in the car. The witness stated “There’s no doubt about it, that’s the guy who robbed the bank.” Prosecutors indicted the man and he is now scheduled for trial. His attorney files a motion to suppress the ID made by the witness at the bank. How should the court rule on this motion? a. Deny the motion and allow the ID, as it is the juries role to determine if the witness made the correct ID. b. Grant the motion, the defendant was entitled to have his attorney as this was a “critical stage” of the proceedings and attorneys are required under the Sixth Amendment. c. Deny the motion and allow the ID, as the defendant was not entitled to an attorney under these circumstances. d. Deny the motion, as the defendant did not request an attorney to be present and unlike custodial interrogations where attorneys are needed unless waived, a defendant must make a Sixth Amendment request for an attorney. You must select answer A, B, C, or D for your answer. When you select the answer, you must support your selection by materials from the text, and list the page number of the text which supports your conclusion. You must also explain why each and every one of the other three answers are incorrect. After posting, return to the board and read over the posts of your fellow classmates. Choose at least one classmate and create a post responding to his/her initial post on the Discussion Board.

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