# Kirby v. Illinois

> Supreme Court of the United States · June 7, 1972 · 406 U.S. 682

URL: https://www.frixlaw.com/law-library/cases/9424910

## Case

- **Full name:** Kirby v. Illinois
- **Court:** Supreme Court of the United States
- **Decided:** June 7, 1972
- **Citations:** 406 U.S. 682; 92 S. Ct. 1877; 32 L. Ed. 2d 411; 1972 U.S. LEXIS 49
- **Precedential status:** Published
- **Opinion:** Dissent by White
- **Judges:** Stewart, Court'S, Burger, Blackmun, Rehnquist, Powell, Brennan, Douglas, Marshall, White
- **Cited by:** 2,613 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9424910

## How later opinions describe it (automated extraction)

- concluding that a police station showup conducted after defendant's arrest, but before the initiation of any adversary criminal proceeding — whether by way of formal charge, preliminary hearing, indictment, information, or arraignment — is not a criminal prosecution at which t…
- holding that the Fifth Amendment is not implicated in a lineup as the privilege against self-incrimination protects an accused only from being compelled to testify against himself, or otherwise provide the State with evidence of a testimonial or communicative nature
- holding that a lineup conducted after a defendant's arrest, but before arraignment, indictment, or formal charges is merely investigatory in nature; therefore, the defendant is not entitled to presence of counsel at such a lineup
- stating that the Sixth Amendment right to coun- sel attaches upon "the initiation of adversary judicial criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment"
- stating that the Sixth Amendment right to counsel attaches upon "the initiation of adversary judicial criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment"

## Opinion text

Mr. Justice White,
dissenting.
United States v. Wade, 388 U. S. 218 (1967), and Gilbert v. California, 388 U. S. 263 (1967), govern this case and compel reversal of the judgment below.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9424910. Public record. Not legal advice.