Escobedo v. Illinois
- Decided
- June 22, 1964
- Docket
- 615
- Status
- Published
- Jurisdiction
- Federal
Cited 5,250 timesSuperseded by statute (not yet verified)Possible negative treatment: superseded by statute (not yet verified) · Eugene Keith Sulie v. Jack Duckworth
What later courts said
- requiring that an accused be advised of right to counsel and to remain silent before police interrogation — Woodall v. Keller (1972)
- stating that the complaint was “[s]worn to before [the magistrate judge] and signed in [his] presence” — United States v. Peeples (2020)
- holding that failing to apprise an accused of his right to remain silent and denying him the right to consult with an attorney while he is in custody and is the focus of a police investigation violates the Sixth Amendment right to the assistance of counsel — Miller, Christopher Adrian (2015)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*479] Mr. Justice Goldberg delivered the opinion of the Court.
The critical question in this case is whether, under the circumstances, .the refusal by the police to honor petitioner’s request to consult with his lawyer during the course of an interrogation constitutes a denial of “the Assistance of Counsel” in violation of the Sixth Amendment to the Constitution as “made obligatory upon the States by the Fourteenth Amendment,” Gideon v. Wainwright, 372 U. S. 335, 342, and thereby renders inadmissible in a state criminal trial any incriminating statement elicited by the police during the interrogation.
On the night of January 19, 1960, petitioner’s brother-in-law was fatally shot. In the early hours of the next morning, at 2:30 a. m., petitioner was arrested without a warrant and interrogated. Petitioner made no statement to the police and was released at 5 that afternoon pursuant to a state court writ of habeas corpus obtained by Mr. Warren Wolfson, a lawyer who had been retained by petitioner.
Cite this
Escobedo v. Illinois, 378 U.S. 478 (1964)Read the full opinion
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