United States v. Wade
United States Supreme Court
388 U.S. 218 (1967)
Wade (defendant), arrested for bank robbery with appointed counsel, was placed in an FBI-arranged lineup without notice to his attorney, and two bank employees identified him at the lineup and again at trial. On cross-examination, it emerged the witnesses had seen Wade standing alone with the FBI agent before the lineup began. Wade moved to strike the courtroom identifications, arguing the uncounseled lineup violated his Fifth and Sixth Amendment rights. The court of appeals found no Fifth Amendment violation but agreed the lineup violated the Sixth Amendment, and reversed Wade's conviction and ordered a new trial excluding the courtroom identifications.
Whether a post-indictment lineup identification of a suspect, conducted without notice to and in the absence of defense counsel, violates the Sixth Amendment right to counsel.