United States v. Wade

E912661

United States v. Wade is a landmark 1967 U.S. Supreme Court case that established a defendant’s Sixth Amendment right to counsel during post-indictment police lineups.

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United States v. Wade canonical 1

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Statements (44)

Predicate Object
instanceOf U.S. Supreme Court case
criminal procedure case
landmark decision
areaOfLaw criminal law
criminal procedure
arguedDate 1966-12-12
citation 388 U.S. 218
concurrenceBy Justice Hugo L. Black NERFINISHED
Justice William O. Douglas NERFINISHED
constitutionalProvision Sixth Amendment to the United States Constitution NERFINISHED
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1967-06-12
dissentBy Justice John M. Harlan II NERFINISHED
Justice Tom C. Clark NERFINISHED
docketNumber 223
establishedPrinciple Post-indictment confrontations between the accused and witnesses for identification are critical stages of the prosecution.
The absence of counsel at a post-indictment lineup can violate the Sixth Amendment right to counsel.
The government bears the burden of showing that an in-court identification has an independent source when a prior lineup was conducted without counsel.
fullName United States v. Wade NERFINISHED
holding A post-indictment lineup is a critical stage of the prosecution at which the accused is entitled to the assistance of counsel under the Sixth Amendment.
In-court identifications following a lineup conducted without counsel must be examined to determine whether they have an independent source or are tainted by the illegal lineup.
impact Influenced police procedures for conducting lineups and other identification confrontations.
Significantly expanded the scope of the Sixth Amendment right to counsel in criminal prosecutions.
joinedByInMajority Chief Justice Earl Warren NERFINISHED
Justice Abe Fortas NERFINISHED
Justice Potter Stewart NERFINISHED
Justice Thurgood Marshall NERFINISHED
Justice William J. Brennan Jr. NERFINISHED
jurisdiction United States of America
surface form: United States
legalIssue post-indictment lineup
right to counsel
majorityOpinionBy Justice Byron R. White NERFINISHED
page 218
petitioner United States NERFINISHED
relatedCase Gilbert v. California NERFINISHED
Stovall v. Denno NERFINISHED
reporter United States Reports
respondent Billie Joe Wade NERFINISHED
subsequentHistory Remanded to determine whether in-court identifications had an independent source.
topic eyewitness identification
right to counsel at critical stages
volume 388
yearDecided 1967

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Moore v. Illinois relatedCase United States v. Wade