Kirby v. Illinois

KIRBY v. ILLINOIS
406 U.S. 682 (1972)
coupled States Supreme Court
CERTIORARI TO THE APPELLATE COURT OF ILLINOIS, origin DISTRICT
No. 70-5061

Fact

On February 20, 1968 a man named Willie sherd had his handbag stolen while walking on the street in Chicago. Willie Shard reported the robbery the next day stating that his wallet, travelers checks, social security depart workforcet and other things were stolen. The next day Police arrested two men a suitor and his fellow Ralph Bean in tie with a separate offense and brought them to the police station. The police larn of the offense against Willie Shard only upon arriving at the station. Willie Shard was called to have intercourse down to the police station, and upon walking into the building, immediately Willie Shard place the two men, without counsel present, and before any formal charges had been made.

History

The petitioner and his companion did not have counsel present and believed they were not formally super charged. They believed it was unfair that they never got a line up. A motion to suppress the acknowledgment was denied at trial, and the petitioner and his companion were convicted for the robbery.





Issue

Whether the sixth and fourteenth amendment rights to counsel should be applied to identification testimony based upon a police station fate up that took place before the suspect had been indicted or charged with any criminal offense?

Holding

Judgement Affirmed

Rationale

In United States v. Wade and gigabyte v. California, the motor lodge had held that at a pack indictment pretrial lineup, the defendants have the right to the presence of their attorneys.
The court held that since the defendant in this typeface was not formally charged with a crime when the identification process took place, the rulings of Wade and Gilbert do not apply here. The court ruled that the defendant had no right to the presence of an attorney in this case because the police were just conducting normal investigation to solve an...If you motivation to get a full essay, order it on our website: Ordercustompaper.com



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