Brewer v. Williams
Citation: 430 U.S. 387 (1977)
Facts
Robert Williams was suspected of abducting and murdering a ten-year-old girl in Des Moines, Iowa on Christmas Eve. Williams, a mentally troubled man, surrendered to police in Davenport. His attorney specifically instructed police not to question Williams during transport back to Des Moines. During the drive, Detective Leaming gave what became known as the “Christian burial speech,” appealing to Williams’ religiosity and suggesting the girl deserved a proper Christian burial. Williams led police to the body.
Issue
Whether Detective Leaming’s “Christian burial speech” constituted interrogation that violated Williams’ Sixth Amendment right to counsel, which had attached at the time of his arraignment.
Holding
The Supreme Court held that Williams’ Sixth Amendment right to counsel had attached and that Leaming’s deliberate elicitation of incriminating statements in the absence of, and contrary to instructions of, counsel violated that right. The statement and evidence derived from it were suppressed.
Rule
Once the Sixth Amendment right to counsel has attached (at or after formal adversarial proceedings begin), the government may not deliberately elicit incriminating statements from a defendant outside the presence of counsel, unless the defendant validly waives that right.
Significance
Brewer v. Williams is the primary Sixth Amendment right-to-counsel interrogation case and is essential for understanding when the Sixth Amendment (as distinct from the Fifth Amendment/Miranda) applies to police questioning. On retrial, the evidence was admitted under the inevitable discovery doctrine (Nix v. Williams), making the case also central to that exception to the exclusionary rule.