to the “period of time between the filing of a complaint and the initiation of formal charges.”'®° In support of its position, the Department cites a Fourth Circuit case interpreting the Sixth Amendment right to counsel, which held that a “prosecution” for purposes of that Amendment does not begin when a criminal

cess is still in the investigative stage, and the adverse positions of government and defendant have yet to solidify." !78 Relying on that reasoning, the Fourth Circuit refused to find that the right to counsel had attached merely because a police officer had filed a complaint to get an arrest warrant. But the Fourth

men to dogs and condoning lightly slapping one's wife for disciplinary reasons.” I argued the appeal before a panel of the U.S. Court of Appeals for the Fourth Circuit consisting of three elderly conservative judges in Charleston, South Carolina. I could not imagine a group that would be less sympathetic to a Hare K