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"It's a very complicated area and it really brings out conflict between different bodies of laws or different social goods," said Mary Leary, a professor at the Catholic University of America.

Supreme Court to decide if it will hear case of 4-year-old girl being stripped searched →

In other circumstances, courts will first hear cases of those who have hired lawyers before they hear the cases of those with public defendants, Leary said.

How being poor wrecks your chances of good legal representation →

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