Does the Wade/Gilbert right to counsel at line-ups extend to pre-indictment line-ups? NO. The Wade right does not attach until formal judicial proceedings have begun. (aka- formal charge, preliminary hearing, indictment, information or arraignment). Some lower courts have held that issuance of an arrest warrant might trigger Wade.    The way around this and any other kind of limitation on Wade is to argue DUE PROCESS. (remember due process is always our safety net). – make the claim that the identification is faultilly based on unfairness of the trial.
o Until you’ve started formal proceedings, you’re not an accused for purposes of 6th Am.