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.

All labels observed (1)

Label Occurrences
United States v. Wade canonical 6

How this entity was disambiguated

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
linked to: Hugo L. Black

Justice William O. Douglas
linked to: William O. Douglas
constitutionalProvision Sixth Amendment to the United States Constitution
country United States
court Supreme Court of the United States
decisionDate 1967-06-12
dissentBy Justice John M. Harlan II
linked to: John M. Harlan II

Justice Tom C. Clark
linked to: Tom C. Clark
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
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
linked to: Earl Warren

Justice Abe Fortas
linked to: Abe Fortas

Justice Potter Stewart
linked to: Potter Stewart

Justice Thurgood Marshall
linked to: Thurgood Marshall

Justice William J. Brennan Jr.
jurisdiction United States
legalIssue post-indictment lineup
right to counsel
majorityOpinionBy Justice Byron R. White
linked to: Byron R. White
page 218
petitioner United States
relatedCase Gilbert v. California
Stovall v. Denno
reporter United States Reports
respondent Billie Joe Wade
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

How these facts were elicited

Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

Moore v. Illinois relatedCase United States v. Wade
United States v. Wade fullName United States v. Wade
Gilbert v. California decidedWith United States v. Wade
Gilbert v. California relatedCase United States v. Wade
Kirby v. Illinois distinguishedFrom United States v. Wade
Kirby v. Illinois relatedTo United States v. Wade