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Escobedo v. Illinois | 378 U.S. 478 (1964)

Prior to Miranda, prosecutors had to demonstrate that suspects knowingly and intelligently relinquished their Fifth Amendment right against self-incrimination and their Sixth Amendment right to counsel before making any confession.1 In the 1964 case Escobedo versus Illinois, the United States Supreme Court considered whether the Sixth Amendment right to counsel applies to pre-arraignment interrogations of suspects in police custody.

On January 19, 1960, Danny Escobedo’s brother-in-law was shot to death. Subsequently, Escobedo was arrested and placed in police custody. Although Escobedo was released from custody that afternoon, he was re-arrested by the police ten days later for the same shooting.

Following his second arrest, an officer told Escobedo that Benedict DiGerlando had implicated him in his brother-in-law’s murder and that Escobedo might as well admit to the crime. At that time, Escobedo asked to speak to his lawyer, but his request was refused. Escobedo was then interrogated by the police and requested again to speak to his lawyer, but his request was refused. In addition, Escobedo’s lawyer was present at the police station during Escobedo’s interrogation and asked to speak with his client, but the police refused the lawyer’s requests.

During the course of interrogation, the police put Escobedo and DiGerlando in the same room, where Escobedo implicated himself in the murder. At trial, Escobedo moved to suppress the statement as unconstitutional under the Sixth Amendment right to counsel. The trial court denied Escobedo’s motion, and he was convicted of murder. Escobedo then appealed to the Illinois Supreme Court, which affirmed. The United States Supreme Court granted cert.

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