Criminal Procedure keyed to Israel
Kirby v. Illinois
Facts
Mr. Shard had his wallet stolen while walking down the street in Chicago. Three traveler’s checks and a Social Security Card were stolen. Kirby and another man, (“the petitioners”), were picked up in connection with another offense, but the property taken from Mr. Shard was subsequently found on their persons. They were brought to the police station and Mr. Shard was called to come to the station to identify the perpetrators. Upon entering the building, he immediately identified the two men as the same men that had stolen his property earlier. The petitioners did not have counsel present, nor had they been formally charged. A motion to suppress the identification was denied at trial, and the two men were subsequently convicted for the robbery. The Appellate Court affirmed, holding that pre indictment confrontations were not subject to an exclusionary rule as set out in the Wade and Gilbert cases. State courts of last resort were divided as to this issue.
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