Barry participated in a lineup at a stage in the criminal process where his right to counsel would have attached. However, at the time, Barry was not afforded legal representation nor did he waive his right to have one present at the lineup. The prosecutor intends to use the outcome of the lineup—which resulted in the victim identifying Barry as the perpetrator—at trial. Barry’s attorney objects to the introduction of the lineup results. How will the court rule?
a. For the prosecution since the burden was on Barry to ensure that his rights were protected
b. For the prosecution, provided the prosecution can have the witness confirm the identification while on the witness stand
c. For the defendant, since the lineup violated Barry’s constitutional right to counsel
d. For the defendant, as Barry’s objection to the introduction of the lineup at trial served as his invocation of his constitutional right to an attorney
c. For the defendant, since the lineup violated Barry’s constitutional right to counsel
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