Facts
Shard reported to the police that his wallet had been stolen. The next day, officers stopped Kirby and when asked for identification, Kirby produced Shard’s wallet. After the arrest and arrival at the police station, the officers found out about the Shard robbery. When Shard was brought to the station, he identified Kirby and Bean. Kirby and Bean were indicted six weeks later.
Procedural History
Kirby and Bean moved to suppress Shard’s identification testimony but the trial court denied the motion and Shard testified as a witness.
Issue(s)
Should the Wade per se exclusionary rule be extended to identification testimony based on a police station showup that took place before indictment or being charged?
Holding(s)
No.
Reasoning/Analysis
The Court found that the rational of Wade and Gilbert was that an accused is entitled to counsel at any critical stage of the prosecution, and that a post-indictment lineup is such a critical stage. When a person has not been formally charged, Stovall strikes the appropriate constitutional balance between the right of a suspect to be protected from prejudicial procedures and the interest of society in the prompt and purposeful investigation of an unsolved crime.
Judgment/Outcome
The Court affirmed the judgment of the lower courts.
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