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Kirby v. Illinois

United States Supreme Court

406 U.S. 682 (1972)

Relevant factsFree

Kirby and Bean (defendants) were arrested for robbing Willie Shard, and police brought Shard to the station for a showup identification without informing the suspects of any right to counsel or providing an attorney; Shard identified them as the robbers. After the trial court denied a motion to suppress this identification, Shard testified about it and also identified the defendants in court, leading to their convictions, which were upheld on appeal.

IssueFree

Whether, under the Sixth Amendment, police may conduct an identification procedure outside the presence of counsel before a suspect has been formally charged with a crime.

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