brewer v williams case brief

The two detectives, with Williams in their charge, then set out on the 160-mile drive. With the exclusionary rule operating as the Court effectuates it, the decision today probably means that, as a practical matter, no new trial will be possible at this date eight years after the crime, and that this respondent necessarily will go free. The dissent of THE. It is evident that our refusal to expand the rule in this fashion represents a considered balancing between "the additional benefits of extending the exclusionary rule" and "the public interest in prosecuting those accused of crime and having them acquitted or convicted on the basis of all the evidence which exposes the truth.".
After invoking the no-passengers rule to prevent attorney Kelly from accompanying the prisoner, Leaming had Williams at his mercy: during the three- or four-hour trip, he could do anything he wished to elicit a confession. Whether the rationale of Stone should be applied to those Fifth and Sixth Amendment claims or classes of claims that more closely parallel claims under the Fourth Amendment is a question as to which I intimate no view, and which should be resolved only after the implications of such a ruling have been fully explored. police, and yet it was he who started the travel conversations and brought up the subject of the criminal investigation. As they continued towards Des Moines, Williams asked whether the police had found the blanket, and directed the officers to a rest area where he said he had disposed of the blanket. The latter question turns on the extent of his knowledge.". The District Court stated that its decision, "does not touch upon the issue of what evidence, if any, beyond the incriminating statements themselves must be excluded as 'fruit of the poisonous tree.'". The Iowa Supreme Court also expressly acknowledged Williams' "right to the presence of his counsel." Indeed, if this were a Fourth Amendment case, our course would be clear; only last Term, in Stone v. Powell, we held that application of the exclusionary rule in federal habeas corpus has such a minimal deterrent effect on law enforcement officials that habeas relief should not be granted on the ground that unconstitutionally seized evidence was introduced at trial. There can be no doubt in the present case that judicial proceedings had been initiated against Williams before the start of the automobile ride from Davenport to Des Moines. Then, having either assumed or found every element necessary to make out a valid waiver under its own test, the. 209, 434 F.2d 483 (1970); Bond v. United States, 397 F.2d 162 (CA10 1968). Just think about it as we're riding down the road."

The trip was 160 miles long, and was made in bad weather.

Pp.

Apparently, without any prodding from the officers, respondent -- who had earlier said that he would tell the whole story when he arrived in Des Moines -- spontaneously changed his mind about the timing of his disclosures when the car approached the places where he had hidden the evidence. Moreover, rigid adherence to the exclusionary rule in many circumstances imposes greater cost on the legitimate demands of law enforcement than can be justified by the rule's deterrent purposes. The human urge to confess wrongdoing is, of course, normal in all save hardened, professional criminals, as psychiatrists and analysts have demonstrated. He then directed the police to the body of Pamela Powers. 26-27, 49-50. Miranda's safeguards are premised on presumed unreliability long associated with confessions extorted by brutality or threats; they are not personal constitutional rights, but are simply judicially created prophylactic measures. See ibid. [Footnote 1] Leaming then stated: "I do not want you to answer me. I cannot regard that as unconstitutional per se. On several occasions during the trip, respondent told the officers that he would tell them the whole story when he got to Des Moines and saw Mr. McKnight -- an indication that he knew he was entitled to wait until his counsel was present before talking to the police. Williams was known by the police to be a young man with quixotic religious convictions and a history of mental disorders.

See Townsend v. Sain, 372 U.S. at 372 U. S. 309 n. 6, 318; Brookhart v. Janis, 384 U. S. 1, 384 U. S. 4. Surely the police are not to be blamed for the facts that the murder was committed on Christmas Eve and that the weather was ominous. ", Williams asked Detective Leaming why he thought their route to Des Moines would be taking them past the girl's body, and Leaming responded that he knew the body was in the area of Mitchellville -- a town they would be passing on the way to Des Moines. Home » Case Briefs Bank » Criminal Law & Criminal Procedure » Brewer v. Williams Case Brief Williams Case Brief Criminal Law & Criminal Procedure • Add Comment

MR. JUSTICE BLACKMUN, with whom MR. JUSTICE WHITE and MR. JUSTICE REHNQUIST join, dissenting. [Footnote 3/6] This individualized consideration or balancing process with respect to the exclusionary sanction is possible in this case, as in others, because Williams' incriminating disclosures are not infected with any element of compulsion the Fifth Amendment forbids; nor, as noted earlier, does this evidence pose any danger of unreliability to the factfinding process.
MR. JUSTICE STEWART delivered the opinion of the Court. Then, when the Des Moines police arrived, one of them advised respondent, inter alia, "that he had a right to an attorney present during any questioning." They are predicting several inches of snow for tonight, and I feel that you yourself are the only person that knows where this little girl's body is, that you yourself have only been there once, and if you get a snow on top of it, you yourself may be unable to find it. On the day after Christmas, respondent surrendered himself voluntarily to local police in Davenport, where he was arraigned. The crime of which Williams was convicted was senseless and brutal, calling for swift and energetic action by the police to apprehend the perpetrator and gather evidence with which he could be convicted. 344 U. S. 507 (separate opinion).

that [Williams] did waive his rights. .

Before concluding that the police had engaged in interrogation, the District Court summarized the factual background: "Detective Leaming obtained statements from Petitioner in the absence of counsel (1) after making, and then breaking, an agreement with Mr. McKnight that Petitioner would not be questioned until he arrived in Des Moines and saw Mr. McKnight; (2) after being told by both Mr. McKnight and Mr. Kelly that Petitioner was not to be questioned until he reached Des Moines; (3) after refusing to allow Mr. Kelly, whom Detective Leaming himself regarded as Petitioner's co-counsel, to ride to Des Moines with Petitioner; and (4) after being told by Petitioner that he would talk after he reached Des Moines and Mr. McKnight. ", United States v. Ash, 413 U. S. 300, 413 U. S. 309 (1973). The Court seems to be saying that, since Williams said he would "tell the whole story" at Des Moines, the police should have been content and waited; of course, that would have been the wiser course, especially in light of the nuances of constitutional jurisprudence applied by the Court, but a murder case ought not turn on such tenuous strands.

We, too, have no occasion to address this issue, and, in the present posture of the case, there is no basis for the view of our dissenting Brethren, post at 430 U. S. 430 (WHITE, J. Brown v. Illinois, supra at 422 U. S. 609 (POWELL, J., concurring in part). statements of unquestioned reliability were unconstitutionally obtained from him, and, under the circumstances, probably makes it impossible to retry him. Here, of course, Williams did not confess to the murder in so many words; it was his conduct in guiding police to the body, not his words, which incriminated him. The Iowa trial court expressly acknowledged Williams' "right to have an attorney present during the giving of such information." Williams had consulted counsel prior to his arrest, and surrendered to the police on advice of counsel. 430 U. S. 401-406.

Since the Court does not question his mental competence, it boggles the mind to suggest that Williams could not understand that leading police to the child's body would have other than the most serious consequences. Respondent was seen shortly thereafter carrying a bundle wrapped in a blanket from the YMCA to his car. [Footnote 2/1], I join the opinion of the Court which also finds that the efforts of Detective Leaming "to elicit information from Williams," as conceded by counsel for petitioner at oral argument, ante at 430 U. S. 400 n. 6, were a skillful and effective form of interrogation. accurately explained the reasons why the law requires the result we reach today. The Exclusionary Rule Should Not be Applied. I, however, agree with the Court, ante at 430 U. S. 397, that this is not now the case in which that issue need be considered. I find no justification for this view. Both his Des Moines lawyer and his lawyer at the Davenport arraignment advised respondent not to make any statements until after consulting with the Des Moines lawyer upon being returned to Des Moines, and the police officers who were to accompany respondent on the automobile drive back to Des Moines agreed not to question him during the trip. We would have such a case here if petitioner had proved that the police officers refrained from coercion and interrogation, as they had agreed, and that Williams freely, on his own initiative, had confessed the crime. Estelle v. Williams, 425 U. S. 501, 425 U. S. 515 (1976) (POWELL, J., concurring).

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