Escobedo v. Illinois

Escobedo is less important in and of itself than as part of a movement led by the Court to liberalize due process in criminal procedure.

On the night of 19 January 1960, Danny Escobedo's brother-in-law was fatally shot. Shortly thereafter, police arrested Escobedo without a warrant. He was taken into custody and interrogated. Escobedo did not, however, give police a statement, and he was released that afternoon after his lawyer filed a writ of habeas corpus in state court alleging that there was not enough evidence to hold his client. On 30 January, Escobedo was rearrested, together with his sister, after Benedict DiGerlando, another individual being questioned about the murder, told police that Escobedo had fired the shots that killed his brother-in-law.

Escobedo was handcuffed and, as he was driven to the police station, the arresting officers told him repeatedly that he had been fingered as the culprit and might as well confess. They did not warn him of his Fifth Amendment right to remain silent. Escobedo repeatedly asked to consult with his attorney, but even after his lawyer arrived at the station, police refused to permit him to speak with his client. Told by an officer that he and his sister would be released if he made a statement incriminating DiGerlando, Escobedo did so, and on the basis of his statement he was tried and found guilty of murder. His appeal was rejected by the Supreme Court of Illinois, and Escobedo then petitioned the U.S. Supreme Court for review of his conviction.