Escobedo v. Illinois: Case Brief, Summary & Decision

Instructor: Joseph Jones

Joseph has an MA in Political Science.

In this lesson, we will review the United States Supreme Court decision of Escobedo v. Illinois. Read about the details of the case and the Supreme Court's decision. Test your knowledge with a brief quiz.


Say you and a friend are driving around on a nice evening. You are stopped by the police and told that a vehicle matching your description was involved in a drive-by shooting earlier. You and your friend are taken into custody and brought to the police station. The police begin to question you, and you ask to speak to an attorney. Whether you committed the crime or not doesn't matter at this point. As a result of Escobedo v. Illinois (1964), the police have to immediately stop asking you questions and let you speak to an attorney.

Case Brief

Danny Escobedo's brother-in-law was killed on January 19, 1960. Escobedo was arrested the next morning and interrogated for several hours. He refused to give a statement to the police and was released. Another suspect in police custody gave a statement to the police indicating that Escobedo killed his brother-in-law because he was mistreating Escobedo's sister.

On January 30, 1960, Escobedo was arrested again. The police told him about the statement that the other suspect made. The police and prosecutors informed Escobedo that though he wasn't formally charged, he was in custody and could not leave. They kept him handcuffed and questioned him for fourteen and a half hours and refused his repeated request to speak with his attorney. Escobedo's attorney went to the police station and asked to speak with Escobedo, and he too was denied.

A Spanish-speaking officer was left alone with Escobedo and allegedly told him that if he blamed the other suspect for the murder, then he would be free to go. Escobedo confronted the suspect at the police department and blamed him for the murder. Though he never confessed, this was the first of several statements that Escobedo made about having knowledge of the crime. Escobedo was charged with murder, and the statements that he made to the police were used against him. Based on those statements, he was convicted. Escobedo appealed based on the fact that he was denied the right to counsel.


Escobedo initially appealed to the Illinois Supreme Court, which overturned the conviction, ruling that Escobedo's statements were not admissible. Escobedo understood he would be permitted to go home if he gave the statement and would be granted immunity from prosecution. The state filed a petition for a rehearing, and the Illinois Supreme Court reversed their initial ruling, stating that the officer denied making any promise to Escobedo, and they believed him. They found that his confession was voluntary and reinstated the conviction. Escobedo appealed that ruling to the United States Supreme Court.

To unlock this lesson you must be a Member.
Create your account

Register to view this lesson

Are you a student or a teacher?

Unlock Your Education

See for yourself why 30 million people use

Become a member and start learning now.
Become a Member  Back
What teachers are saying about
Try it now
Create an account to start this course today
Used by over 30 million students worldwide
Create an account