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Criminal Procedure Keyed to Ohlin
Kirby v. Illinois
Citation:
406 U.S. 682 (1972)Facts
On February 21, 1968, a man named Willie Shard reported to the Chicago police that the previous day two men had robbed him on a Chicago street of a wallet containing traveler’s checks and a Social Security card. On February 22, two police officers stopped the petitioner. When asked for identification, the petitioner produced a wallet that contained three traveler’s checks and a Social Security card, all bearing the name of Willie Shard. The officers arrested the petitioner and took him to a police station. Upon arriving and entering the room in the police station where the petitioner was seated at a table, Shard positively identified him as the man who had robbed him two days earlier. No lawyer was present in the room and the petitioner did not ask for legal assistance nor was he advised of any right to the presence of counsel. At trial, the petitioner sought to suppress Shard’s identification testimony.
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