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 ⓘ