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Kirby v. Illinois

Supreme Court of the United States (1972) | 32 L. Ed. 2d 411; 92 S. Ct. 1877; 406 U.S. 682; 1972 U.S. LEXIS 49

3 min read

TL;DR: A robbery suspect was identified by the victim at a police station before being formally charged. The Supreme Court held that the Sixth Amendment right to counsel does not apply to identification procedures conducted prior to the initiation of formal criminal proceedings.

Legal Significance: This case established a bright-line rule that the Sixth Amendment right to counsel attaches only upon the initiation of formal adversarial judicial proceedings, not at the time of arrest, thereby limiting the scope of the right-to-counsel protections established in *United States v. Wade*.

The life of the law has not been logic; it has been experience.

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