Quimbee logo
DMCA.com Protection Status

United States v. Wade

388 U.S. 218 (1967)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

United States v. Wade

United States Supreme Court

388 U.S. 218 (1967)

Play video

Facts

Wade (defendant) was arrested under suspicion of involvement in a bank robbery. The court appointed counsel for Wade. An FBI agent subsequently arranged a lineup to have two bank employees identify the man they remembered from the robbery. The agent did not notify Wade’s attorney prior to conducting the lineup. At the lineup, both employees identified Wade as the bank robber. At trial, the employees identified Wade when asked if they saw the robber present in the courtroom. On cross-examination, the employees confirmed that they had previously picked Wade out of the lineup and testified that prior to the lineup, they had seen Wade in the hallway with the FBI agent before the other lineup participants were brought in. Wade moved for a judgment of acquittal or to strike the courtroom identifications, claiming that because the lineup was conducted without notice to and in the absence of Wade's appointed counsel, the lineup violated his Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel. The trial court denied the motion. Wade was convicted. The appellate court held that the lineup did not violate the Wade’s Fifth Amendment rights but did violate his Sixth Amendment right to counsel. The court of appeals reversed the conviction and remanded for a new trial that excluded the employees’ courtroom identifications. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

Concurrence/Dissent (White, J.)

Concurrence/Dissent (Black, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership