Escobedo v Illinois Flashcards | Quizlet
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Escobedo v Illinois

Terms in this set (3)

Facts
After being arrested and taken into police custody as a suspect in the murder of his brother-in-law, the petitioner asked to speak to his attorney. His attorney arrived at police headquarters soon after the petitioner did and was not allowed to speak to his client as the officers said they had not completed questioning. The petitioner also was not warned of his right to remain silent before the interrogation. He was convicted of murder and the Supreme Court of Illinois affirmed. He was then granted certiorari.
Issue
If a suspect has been taken into police custody and interrogated by police without their request to see an attorney being honored, nor being advised of their right to remain silent, have they been denied effective assistance of counsel under the Sixth Amendment?
Result
Yes. Reverse the petitioner's conviction and remand the case.
The Sixth Amendment protects the right to effective assistance of counsel. Here, because the police investigation focused on the accused as a suspect rather than a less specific investigation, refusing to allow an accused to speak with his attorney is a denial of this Sixth Amendment right. The incriminating statements he made must thus not be admitted into evidence.
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