Washington University Law Review Volume 61 Issue 1 January 1983 The Right to Counsel in Pretrial Custodial Identification Proceedings, People v. Bustamante, 634 P.2d 927 (Cal.) Jay S. Silverstein Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Criminal Procedure Commons Recommended Citation Jay S. Silverstein, The Right to Counsel in Pretrial Custodial Identification Proceedings, People v. Bustamante, 634 P.2d 927 (Cal.), 61 WASH. U. L. Q. 287 (1983). Available at: https://openscholarship.wustl.edu/law_lawreview/vol61/iss1/8 This Case Comment is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. THE RIGHT TO COUNSEL IN PRETRIAL CUSTODIAL IDENTIFICATION PROCEEDINGS People v. Bustamante, 30 Cal. 3d 88, 634 P.2d 927, 177 Cal. Rptr. 576 (1981) In People v. Bustamante,I the California Supreme Court relied on the state constitution2 to extend an accused's right to counsel to preindict- ment 3 custodial lineups.' Police officers arrested defendant on suspicion of robbery5 and other crimes. 6 While defendant was in custody, a witness to the robbery pos- itively identified him in a preindictment lineup. The witness reaffirmed his identification at trial. Although defendant had requested counsel 1. 30 Cal. 3d 88, 634 P.2d 927, 177 Cal. Rptr. 576 (1981). 2. CAL. CONST. art. I, § 15 states: The defendant in a criminal cause has the right to a speedy public trial, to compel at- tendance of witnesses in the defendant's behalf, to have the assistance of counsel for the defendant's defense, to be personally present with counsel, and to be confronted with the witnesses against the defendant.