gilbert california argued decided june petitioner convicted armed robbery murder police officer separate guilt penalty stages trial jury rendered guilty verdict imposed death penalty petitioner alleges constitutional errors admission testimony witnesses also identified lineup occurred days indictment appointment counsel notified identifications witnesses present lineup admission handwriting exemplars taken arrest admission statements mentioning petitioner part crimes statements held improperly admitted latter appeal additionally alleges violation fourth amendment rights police seizure photographs locked apartment warrantless entry admission testimony identifying photographs held taking handwriting exemplars violate petitioner constitutional rights pp fifth amendment privilege reaches compulsory communications mere handwriting exemplar contrast content written identifying physical characteristic outside protection pp taking exemplars critical stage criminal proceedings entitling petitioner assistance counsel minimal risk absence counsel might derogate right fair trial petitioner request reconsideration delli paoli held appropriate instructions jury suffice prevent prejudice defendant references statement connection statements need considered view california holding rejecting delli paoli rationale finding error petitioner admission statements harmless pp closer examination record possible certiorari granted reveals facts respect search seizure claim sufficiently clear permit resolution question certiorari issue vacated improvidently granted admission identifications petitioner without first determining tainted illegal lineup procedure independent origin constitutional error wade ante pp since record permit informed judgment whether identifications two stages trial independent source petitioner entitled vacation conviction pending proceedings california courts allowing state establish identifications independent source introduction evidence harmless error respect testimony witnesses identified petitioner lineup direct result illegal procedure state entitled show testimony independent source california courts must unless able declare belief harmless beyond reasonable doubt grant petitioner new trial testimony guilt stage grant appropriate relief penalty stage pp luke mckissack argued cause filed briefs petitioner norman sokolow deputy attorney general california william james assistant attorney general argued cause respondent brief thomas lynch attorney general justice brennan delivered opinion case argued wade ante presents alleged constitutional error admission evidence identifications considered addition petitioner alleges constitutional errors admission evidence testimony witnesses also identified lineup admission handwriting exemplars taken arrest admission statements king mentioning petitioner part crimes statements appeal decided petitioner held improperly admitted finally alleges fourth amendment rights violated police seizure photographs locked apartment entry without search warrant admission testimony witnesses identified photographs within hours crime petitioner convicted superior california armed robbery mutual savings loan association alhambra murder police officer entered course robbery separate guilt penalty stages trial jury rendered guilty verdict imposed death penalty california affirmed cal granted certiorari set case argument wade stovall denno post holding today wade applied case issue whether admission lineup identifications constitutional error requires new trial resolved record proceedings california courts must therefore first determine whether petitioner contentions warrant greater relief petitioner arrested philadelphia fbi agent refused answer questions alhambra robbery without advice counsel later answer questions another agent philadelphia robberies robber used handwritten note demanding money handed interrogation gave agent handwriting exemplars admitted evidence trial objection obtained violation petitioner fifth sixth amendment rights california upheld admission exemplars sole ground petitioner waived rights might furnish agent tell gilbert exemplars used investigation thus even gilbert believed exemplars used california appear authorities improperly induced belief cal therefore decide petitioner constitutional claims pass question waiver since conclude taking exemplars violated none petitioner constitutional rights first taking exemplars violate petitioner fifth amendment privilege privilege reaches compulsion accused communications whatever form might take compulsion responses also communications example compliance subpoena produce one papers compulsion makes suspect accused source real physical evidence schmerber california one voice handwriting course means communication means follows however every compulsion accused use voice write compels communication within cover privilege mere handwriting exemplar contrast content written like voice body identifying physical characteristic outside protection wade supra claim made content exemplars testimonial communicative matter cf boyd second taking exemplars critical stage criminal proceedings entitling petitioner assistance counsel putting aside fact exemplars taken indictment appointment counsel minimal risk absence counsel might derogate right fair trial cf wade supra reason unrepresentative exemplar taken brought corrected adversary process trial since accused make unlimited number additional exemplars analysis comparison government defense handwriting experts thus accused opportunity meaningful confrontation state case trial ordinary processes state expert handwriting witnesses presentation evidence handwriting experts wade supra ii petitioner contends denied due process law admission guilt stage trial accomplice pretrial statements police referred petitioner times course reciting petitioner role robbery murder statements inadmissible hearsay petitioner held king aspect appeal improperly obtained therefore inadmissible california law cal petitioner us reconsider delli paoli held appropriate instructions jury suffice prevent prejudice defendant references statement least applied case gained reversal improper admission statements occasion pass upon contention california rejected delli paoli rationale relying least part reasoning delli paoli dissent regards cautionary instructions inadequate cure prejudice people aranda cal california applied aranda case held error gilbert admission king statements harmless standard applied reasonable possibility error admitting king statements testimony might contributed gilbert conviction standard derived decision fahy connecticut fahy basis holding chapman california standard applied california satisfies standard defined chapman may california review application standard king statements remand state presses harmless error also introduction lineup identifications however best implies ultimate application aranda confirms petitioner argument reconsideration delli paoli need considered time iii california rejected gilbert challenge admission certain photographs taken apartment pursuant warrantless search justified entry apartment circumstances basis hot pursuit exigent circumstances exceptions warrant requirement granted certiorari consider important question extent exceptions may permit warrantless searches without violation fourth amendment closer examination record possible certiorari granted reveals facts appear sufficient clarity enable us decide question see appendix opinion compare warden hayden therefore vacate certiorari issue improvidently granted monrosa carbon black export iv since none petitioner contentions warrants relief issue becomes relief required application case principles today announced wade supra three eyewitnesses alhambra crimes identified gilbert guilt stage trial observed lineup conducted without notice counsel los angeles auditorium days indictment appointment counsel manager apartment house incriminating evidence found gilbert allegedly resided identified gilbert courtroom also testified substance prior lineup identification examination state eight witnesses identified courtroom penalty stage eyewitnesses alhambra crimes robberies allegedly committed addition identifications witnesses also testified identified gilbert lineup lineup stage behind bright lights prevented line seeing audience upwards persons audience eyewitness one several robberies charged gilbert record otherwise virtually silent occurred lineup guilt stage first witness cashier savings loan association identified gilbert courtroom defense counsel moved presence jury strike testimony ground identified gilbert pretrial lineup conducted absence counsel violation sixth amendment made applicable fourteenth amendment gideon wainwright requested hearing outside presence jury present evidence supporting claim identification others elicited state eyewitnesses predicated least large part upon identification purported identification gilbert showup trial judge denied motion premature defense counsel elicited fact cashier lineup identification moved strike identification testimony without passing merits sixth amendment claim trial judge denied motion ground assuming violation event entitle gilbert suppression identification defense counsel thereafter elicited fact lineup identifications two eyewitnesses direct examination identified gilbert courtroom defense counsel unsuccessfully objected penalty stage testimony eight witnesses robberies identified gilbert lineup admission identifications without first determining tainted illegal lineup independent origin constitutional error wade supra held pretrial lineup accused exhibited identifying witnesses critical stage criminal prosecution police conduct lineup without notice absence counsel denies accused sixth amendment right counsel calls question admissibility trial identifications accused witnesses attended lineup however wade record permit informed judgment whether identifications two stages trial independent source gilbert therefore entitled vacation conviction pending holding proceedings california may deem appropriate afford state opportunity establish identifications independent source introduction evidence event harmless error quite different considerations involved admission testimony manager apartment house guilt phase eight witnesses penalty stage identified gilbert lineup testimony direct result illegal lineup come exploitation primary illegality wong sun state therefore entitled opportunity show testimony independent source per se exclusionary rule testimony effective sanction assure law enforcement authorities respect accused constitutional right presence counsel critical lineup absence legislative regulations adequate avoid hazards fair trial lineups presently conducted desirability deterring constitutionally objectionable practice must prevail undesirability excluding relevant evidence cf mapp ohio conclusion buttressed consideration witness testimony lineup identification enhance impact identification jury seriously aggravate whatever derogation exists accused right fair trial therefore unless california able declare belief harmless beyond reasonable doubt chapman california gilbert entitled remand new trial prejudicial error found guilt stage penalty stage whatever relief california law affords penalty stage must set aside judgment california conviction vacated case remanded proceedings inconsistent opinion ordered appendix opinion agent schlatter testified immediately upon entering apartment put approximately officers made quick search occupant took minute continued presence officers became matter assumption person persons involved come back testified officer found photographs agent crowley entered apartment agent schlatter testimony might support california view scope search agent crowley testified arrived within five minutes agent schlatter around give take minutes either way apartment already searched suspects instructed look apartment anything find use identify continue pursuit person without conducting detailed search crowley testimony search pursuant photos found limited manner merely inspected objects plain sight aid identification stated detailed search guns money conducted warrant issued three hours later agent townsend said arrived apartment sometime perhaps well within hour agent crowley another agent local officer conducted detailed search bedroom stated looked bedroom closet dresser think headstand substantial sum money found dresser townsend specifically say whether crowley bedroom time money found testimony might support finding officers engaged general search bedroom time photos found testimony agents concerning time arrival apartment inconsistent three possible conclusions scope search taking townsend testimony together crowley concluded two arrived time agent schlatter testimony crowley arrived however supports conclusion crowley begun activities townsend arrived testimony agent kiel enter apartment obtained photos talking landlady approximately time crowley townsend testified arrived sum testimony concerning timing events surrounding search approximate contradictory footnotes record gilbert involving federal prosecutions gilbert apparently contains many details occurred lineup opinion appeals ninth circuit lineup occurred march gilbert indicted obtained counsel held auditorium used purpose los angeles police ten thirteen prisoners placed lighted stage witnesses assembled darkened portion room facing stage separated screen see prisoners seen state federal officers also present one acted moderator proceedings man lineup identified number name man required step forward marked circle turn presenting profiles well face back view walk put take certain articles clothing man number called directed step circle asked certain questions picked whether owned car whether arrested armed lived also asked repeat certain phrases loud soft voice phrases witnesses crimes heard robbers use freeze stickup holdup empty cash drawer heist anybody move either men stage taken clear assembled witnesses asked like see told doubts time resolve several gave numbers men wanted see including gilbert prisoners longer present gilbert others put similar procedure witnesses asked particular prisoner say particular phrase walk particular way lineup witnesses talked clear lineup however presence call numbers men identify split among concerning admissibility prior extrajudicial identifications independent evidence identity witness third parties present prior identification see alr held prior identification hearsay admitted testimony identifier merely prior consistent statement recent trend however admit prior identification exception admits substantive evidence prior communication witness available trial see alr later case service california rule people gould cal said evidence extrajudicial identification admissible corroborate identification made trial people slobodion cal independent evidence identity unlike testimony corroborated proof prior consistent statements unless first impeached evidence extrajudicial identification admitted regardless whether testimonial identification impeached earlier identification greater probative value identification made courtroom suggestions others circumstances trial may intervened create fancied recognition witness mind failure witness repeat extrajudicial identification destroy probative value failure may explained loss memory circumstances extrajudicial identification tends connect defendant crime principal danger admitting hearsay evidence present since witness available trial justice black concurring part dissenting part petitioner convicted robbery murder partially basis handwriting samples given police custody without counsel partially evidence identified eyewitnesses lineup identification ceremony held california officers los angeles auditorium without notice counsel opinion shows officers took gilbert auditorium prisoner formed lineup gilbert persons required one step forward asked certain questions required repeat certain phrases eyewitnesses crimes looked efforts identify criminals trial gilbert objected handwriting samples identification testimony given witnesses saw auditorium lineup ground admission evidence violate fifth amendment privilege sixth amendment right counsel fourteenth amendment makes self incrimination clause fifth amendment right counsel clause sixth amendment obligatory see malloy hogan gideon wainwright rejects gilbert contention connection handwriting exemplars ground taking exemplars critical stage criminal proceedings entitling petitioner assistance counsel reality however one critical stages government proceedings ended gilbert conviction state case gilbert defense handwriting exemplars important lineup perhaps handwriting analysis notes scientific systematized wade ante may carry much weight jury kind lineup identification however suggests absence counsel handwriting exemplars obtained impair right trial nothing said previous opinions links right counsel protection fifth amendment rights wade ante nothing said justifies linking right counsel protection sixth amendment rights nothing constitution justify considering right counsel subsidiary right attaches deems specific rights jeopardy real basis holding stage obtaining handwriting exemplars critical statement minimal risk absence counsel might derogate right fair trial considers right fair trial overriding aim right counsel wade ante somehow believes power balance away constitutional guarantee right counsel believes unnecessary provide considers fair trial think lacks constitutional power thus balance away defendant absolute right counsel sixth fourteenth amendments guarantee framers declare sixth amendment defendant entitled fair trial entitled counsel condition thinks minimal risk without lawyer trial unfair sixth amendment settled trial without lawyer constitutionally unfair unless balancing formula somehow changed johnson zerbst gideon wainwright thought finally established right accused counsel without balancing kind holding illustrates danger bill rights guarantees use words like fair trial take place clearly specified safeguards constitution think far safer constitutional rights adhere constitutional language like accused shall assistance counsel defence instead substituting words mentioned accused shall assistance counsel thinks necessary assure fair trial judgment guarantees constitution bill rights provide kind fair trial framers sought protect gilbert entitled assistance counsel forced supply evidence government use trial reverse case reason also ii think clearly indicate neither delli paoli chapman relevance delli paoli rested admissibility evidence federal state courts introduction evidence state courts exclusively governed state law unless introduction violate federal constitutional provision federal provision see spencer texas error admitting accomplice pretrial statements error state law chapman providing federal constitutional rule absolutely relevance instead looking test applied california order ascertain whether comports chapman make clear leaving unbridled power control state courts absence conflicting federal constitutional provisions iii reasons stated vacate judgment california remand consideration whether admission handwriting exemplars lineup identification harmless error dismisses improvidently granted fourth amendment question raised gilbert case dissent decide question gilbert however since refuses decide question see reason expressing views length justice douglas concurring part dissenting part agree opinion except part reverse remand new trial search seizure point search petitioner home sought justified doctrine hot pursuit even though officers conducting search knew petitioner suspected criminal home january california bank robbed two armed men police officer killed one robbers another officer shot one robbers weaver captured blocks scene crime weaver told police participated robbery person known skinny gilbert accomplice told officers gilbert lived apartment hawaiian sounding named apartment house los feliz boulevard information given federal bureau investigation broadcast field agent kiel instructed find apartment kiel located lanai apartment los feliz boulevard informed radio control engaged apartment manager conversation talking man gave key manager told going san francisco days agent kiel learned manager flood one two men rented apartment previous day man turned key left rear exit agent ran alleyway saw one meantime federal officers learned weaver gilbert registered name flood also learned three men may involved robbery two entered bank third driving getaway car additional federal agents arrived apartment response agent kiel radio summons kiel told resident apartment robert flood left agents obtained key manager entered apartment searched person hiding place person found one find envelope containing pictures petitioner pictures seized shown bank employees identification agents also found notebook containing diagram area surrounding bank clip automatic pistol bag containing rolls coins bearing marking robbed bank basis information search warrant issued automatic clip notebook coin rolls seized petitioner arrested pennsylvania february items seized search apartment introduced evidence trial murder california justified search ground police hot pursuit suspected bank robbers entry apartment lawful subsequent search seizure lawful since officers trying identify suspects facilitate continued pursuit cal set forth testimony relating search fully appendix opinion reasons stated agree facts appear sufficient clarity enable us decide serious question presented since search seizure took place without warrant stand comes within one narrowly defined exceptions rule search seizure must rest upon validly executed search warrant see jeffers jones rios stoner california one exceptions officers probable cause arrest may enter dwelling make arrest conduct contemporaneous search place arrest order find seize things connected crime fruits means committed well weapons things effect escape custody agnello course assumes arrest made search substantially contemporaneous arrest confined immediate vicinity arrest stoner california supra case exemption applicable since arrest made many days search location far removed search officers entered apartment searched petitioner find nevertheless continued searching apartment seized pictures inescapable conclusion searching evidence linking petitioner bank robbery suspected robbers said legally entered apartment officers properly look apartment anything used identify suspects expedite pursuit cal prior case police enter search house without warrant incidental valid arrest judgment stands police search house evidence even though suspect arrested purpose search words california limited incident purpose officers entry apprehend suspected criminal doctrine police given license search evidence linking crime certainly evidence well calculated identify suspects expedite pursuit since police concentrate person whose home ransacked ibid search seizure case violates another limitation concededly decision harris flouted general search evidence even police hot pursuit warrant arrest make constitutional general search room house lefkowitz police acting without search warrant search extensively warrant warrant must prescribed fourth amendment particularly describe things seized stated lefkowitz supra authority officers search one house place business contemporaneously lawful arrest therein upon valid warrant arrest certainly greater conferred search warrant issued upon adequate proof sufficiently describing premises things sought obtained indeed informed deliberate determinations magistrates empowered issue warrants searches seizures permissible constitution preferred hurried action officers others may happen make arrests security unlawful searches likely attained resort search warrants reliance upon caution sagacity petty officers acting excitement attends capture persons accused crime modern police technique ransacking houses even point seizing entire contents done kremen shocking departure philosophy fourth amendment kind search conducted indeed general search fourth amendment aimed particular target aimed take step resurrect one complaints gave rise revolution stated boyd practice obtained colonies issuing writs assistance revenue officers empowering discretion search suspected places smuggled goods james otis pronounced worst instrument arbitrary power destructive english liberty fundamental principles law ever found english law book since placed liberty every man hands every petty officer february boston famous debate occurred perhaps prominent event inaugurated resistance colonies oppressions mother country said john adams first scene first act opposition arbitrary claims great britain child independence born appendix opinion justice douglas agent kiel testified agents schlatter onsgaard arrived apartment entered apartment minute two arrival kiel received photographs agent schlatter agent schlatter testified agent onsgaard local police arrived apartment agent crowley one two local police officers arrived another car time schlatter briefly talked kiel apartment manager entered apartment upon entering saw one made fast search apartment person hiding place person found none search took matter seconds minute outside fter searched person persons one became matter assumption person persons involved come back seemed schlatter agent photograph hand first saw hands agent officer schlatter vague recollection agent officer told found bedroom number photographs schlatter took photographs kiel instructed take one savings loan association see anyone recognize photograph schlatter testified apartment minutes making search left agents behind left agent crowley testified entered apartment around give take minutes either way say officers apartment less five minutes entered believed officers agent rear building first entry made entered crowley entered apartment already searched people received instructions look apartment anything find use identify continue pursuit person without conducting detailed search bedroom dresser crowley saw envelope bearing name marlboro photo studio appeared envelope containing photos see something inside crowley opened envelope saw several copies photographs discussed matter onsgaard charge building instructed crowley give another agent utilize pursuing investigation reasonably certain agent mr schlatter according crowley course search turned photographs crowley turned items see reverse business cards sales slips local stores sort item might folded appear possibly contain information value pursuit relayed information obtained manner man coordinating operation crowley remained apartment next morning agent townsend testified arrived apartment ometime perhaps within hour arrival began search townsend testified agent crowley another agent local officer looked bedroom closet dresser think headstand known one agents police officers apartment townsend stated agents officers bedroom found money bedroom dresser hour arrived apartment say specifically whether crowley time thus conflict regarding times events took place respect nature searches conducted various officers way read record however state facts appear sufficient clarity enable us decide question presented crowley testimony came upon photographs searching anything use identify continue pursuit stands uncontradicted testimony apartment already searched person prior search uncovering photographs schlatter testimony operation became matter unsuccessful search person contradict crowley testimony search identifying evidence certainly compatible crowley best knew discovered photographs townsend testimony others perhaps including crowley conducted detailed search conflict crowley testimony first record indicates detailed search conducted photographs found according testimony kiel schlatter schlatter gave photographs kiel according townsend arrived sometime second even detailed search took place crowley found photographs crowley participated search indicate crowley search turned photographs limited crowley claimed anything indicate search general stated finally townsend testimony general search conflict schlatter testimony operation became suspect found said preclude detailed search evidence record indicates schlatter apartment townsend others conducted detailed search way read record photographs discovered course general search evidence even crowley believed testimony relating nature search thrown simply assumed came upon envelope course search suspect reason pry envelope seize pictures obtain evidence envelope contain neither suspect weapon phase case agree justice black justice fortas justice white justice harlan justice stewart join concurring part dissenting part concur parts ii iii opinion reasons stated separate opinion wade ante dissent part iv opinion therefore affirm judgment california justice fortas chief justice joins concurring part dissenting part concur result vacation judgment california remand case believe adequate reverse remand new trial additional ground petitioner entitled sixth fourteenth amendments advised right counsel connection response prosecutor demand handwriting exemplar giving handwriting exemplar critical stage proceeding brother black critical stage much lineup see wade ante depending upon circumstances may inoffensive constitution totally fair accused entirely reliable administration justice hand may constitutionally offensive totally unfair accused prejudicial ascertainment truth accused whose handwriting exemplar sought needs counsel write money life emulate holdup note using red ink brown paper large letters demanded handwriting exemplar effect inculpation confession cf eloquent arguments need counsel opinion wade supra today appears hold accused may compelled give handwriting exemplar cf schmerber california presumably may punished adamantly refuses unlike blood handwriting extracted doctor accused veins accused subjected physical restraint schmerber permits presumably basis decision trial courts may hold accused contempt keep jail indefinitely gives handwriting exemplar decision goes beyond schmerber accused absence warning right counsel compelled cooperate merely submit engage volitional act merely suffer inevitable consequences arrest state custody take affirmative action may merely identify tie directly crime dissented schmerber reasons stated separate opinion wade supra regard extension schmerber impermissible wade accused compelled utter words used criminal heat act least comfort counsel even denies accused may refuse speak words compelled utterance occurs course lineup present case deprives even source comfort whatever protection counsel ingenuity provide face opinion utterly insupportable respectful opinion like fingerprinting measuring photographing even process involving use discretion capable abuse stream inculpation play limited role offsetting false inference misleading coincidence stacked handwriting exemplar reference efficacy situation much comfort appellate source solace defendant counsel agree condemnation lineup identifications consequent identifications join part opinion also reverse remand new trial use handwriting exemplars unconstitutionally obtained absence advice accused availability counsel conclude violation privilege implicit facts relating exemplars waived absence advice counsel gault miranda arizona