Wade v. United States, 388 U.S. 218 (1967)

Facts

A federal bank was robbed when a teller and vice president were the only people present.  Wade was indicted and arrested for the robbery then had counsel appointed.  An FBI agent conducted a lineup without notice to Wade’s counsel.  Both employees identified Wade.

Procedural History

The employees identified Wade in the courtroom and the lineup was elicited.  Wade moved for acquittal or to strike the courtroom identification.  The trial court denied the motion.

Issue(s)

Did the trial court err in not striking the courtroom identification when the previous lineup was conducted outside the presence of Wade’s counsel?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that there is nothing to show the lineup violated Wade’s Fifth Amendment privilege against self-incrimination but the lineup should have been excluded because it was conducted without notice to and in the absence of his counsel.  The Sixth Amendment guarantee applies to “critical” stages of the proceedings.  The accused’s inability effectively to reconstruct at trial any unfairness that occurred at the lineup may deprive him of his only opportunity meaningfully to attack the credibility of the witness’ courtroom identification.  There can be little doubt that the post-indictment lineup was a critical stage of the prosecution.  The proper test to be applied is that from Wong Sun.

Judgment/Outcome

The Court reversed and remanded the judgment of the lower courts.