Logourl black
From our private database of 13,800+ case briefs...

United States v. Wade

United States Supreme Court
388 U.S. 218 (1967)


Facts

Wade (defendant) was arrested under suspicion of involvement in a bank robbery. The court appointed an attorney to represent Wade. An FBI agent 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. The bank employees identified Wade as the bank robber. At trial, the bank employees identified Wade when asked if they saw the robber present in the courtroom. Wade’s attorney cross-examined the bank employees and confirmed that they had previously picked Wade out of the lineup. Wade moved the court to enter a judgment of acquittal or strike the courtroom identifications on grounds that 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 and filed an appeal. The court of appeals 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 excluding the bank employees’ courtroom identifications. The United States (plaintiff) petitioned the Supreme Court for review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Brennan, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence/Dissent (Black, J.)

The concurrence/dissent section is for members only and includes a summary of the judge’s concurrence in part and dissent in part. To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence/Dissent (White, J.)

The concurrence/dissent section is for members only and includes a summary of the judge’s concurrence in part and dissent in part. To access this section, start your 7-day free trial of Quimbee for Law Students.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.