360 U.S. 315 (1959)
Vincent Joseph Spano, a 25-year-old derivative citizen born in Italy who had graduated from junior high school and maintained regular employment, was involved in a shooting on January 22, 1957.1 While drinking in a bar, the decedent, a former professional boxer weighing nearly 200 pounds, took some of Spano's money. A fight followed outside the bar in which the decedent knocked Spano down and kicked him in the head three or four times, causing him to vomit from shock.2 Spano then retrieved a gun from his apartment, walked eight or nine blocks to a candy store where the decedent was often found along with three friends and a boy supervising the store, and fired five shots, two of which struck the decedent and caused his death.3 The boy was the sole eyewitness, as the decedent's friends did not see the shooter.4
On February 1, 1957, the Bronx County Grand Jury indicted Spano for first-degree murder, leading to the issuance of a bench warrant for his arrest.5 Two days later, on February 3, Spano telephoned Gaspar Bruno, a close friend of eight or ten years and a fledgling police officer still attending the police academy, to report that he had taken a beating, was dazed, and had shot the decedent.6 Spano indicated he planned to obtain a lawyer and surrender. Bruno informed his superiors of the call.7
On February 4, 1957, at 7:10 p.m., Spano surrendered to authorities in front of the Bronx County Building accompanied by his counsel, who had instructed him to answer no questions.8 He was immediately taken to the Assistant District Attorney's office where questioning by Assistant District Attorney Goldsmith, Lieutenant Gannon, and several detectives began at 7:15 p.m.9 Spano refused to answer, stating he would only provide his name and directing officers to see his attorney.10 Requests to contact his attorney were denied, including one to Detective Ciccone, and he received food at 11 p.m. after five hours of persistent questioning.11
At 12:15 a.m. on February 5, Spano was transferred to the 46th Squad police station, where questioning resumed at 12:40 a.m. with continued participation by the Assistant District Attorney.12 Officers then enlisted Bruno, who had been called to the case earlier, directing him to falsely claim that Spano's call had caused him trouble and to appeal to Spano's sympathy regarding Bruno's pregnant wife and three children.13 Bruno conducted multiple sessions with Spano, who repeatedly requested to see his attorney without success, until during the fourth session Spano agreed to make a statement around 3:25 a.m., which was transcribed and completed by 4:05 a.m.14
Following the statement, detectives took Spano on a trip across bridges in Manhattan and the Bronx in an unsuccessful attempt to locate the murder weapon, during which he made additional statements.15 He was arraigned at 10:15 a.m. on February 5.16 At trial, the confession was admitted over objection, the jury was instructed to consider its voluntariness, and it returned a guilty verdict resulting in a death sentence.17 The New York Court of Appeals affirmed the conviction, after which the Supreme Court granted certiorari.18
Whether a confession was properly admitted into evidence under the Fourteenth Amendment?19
Under the Fourteenth Amendment a confession is inadmissible if the defendant's will was overborne by official pressure, fatigue, and sympathy falsely aroused, with courts examining the totality of circumstances including the defendant's personal characteristics, the length and timing of interrogation, denial of counsel requests, and use of deceptive tactics by law enforcement.20
No. After indictment for first-degree murder Spano surrendered with counsel who instructed him to remain silent.21 Yet he faced nearly eight hours of persistent questioning by numerous officers beginning at 7:15 p.m. on February 4 and continuing past midnight at the police station.22
Spano repeatedly requested to contact his attorney but those requests were denied.23 Officers enlisted his longtime friend Bruno to conduct four deceptive sessions falsely claiming that Spano's call had jeopardized Bruno's job and family welfare until Spano succumbed and confessed at 3:25 a.m.24
These post-indictment tactics of continuous overnight interrogation, refusal of counsel access, and fabricated appeals to sympathy combined with Spano's youth, limited education, and emotional history to overbear his will, rendering the confession involuntary.25
The confession was not properly admitted into evidence under the Fourteenth Amendment and the conviction cannot stand.26
Related opinions on this issue
Justice Douglas joined the opinion of the Court but added an even more important ground of decision.27 He noted that the Court had often divided on whether state authorities may question a suspect for hours when he has no lawyer present and has demanded legal advice.28 Here the interrogation occurred after formal indictment in a capital case.29
Douglas emphasized that the right to counsel under Powell v. Alabama extends through the critical pre-trial period when consultation and preparation are vitally important.30 Depriving an indicted defendant of counsel during secret police questioning may be more damaging than denial at trial itself.31 This secret inquisition effectively supplanted the public trial guaranteed by the Bill of Rights.32
Justice Stewart concurred in the opinion of the Court on the view that the absence of counsel when the confession was elicited was alone enough to render it inadmissible under the Fourteenth Amendment.33 He stressed that this was not a case of questioning a suspect during investigation of an unsolved crime.34 After surrender the petitioner was under indictment for first-degree murder.35
Throughout the night he repeatedly asked to send for his lawyer and his requests were denied.36 Stewart concluded that the Constitution guarantees the assistance of counsel to a man on trial for his life in an orderly courtroom. It can vouchsafe no less during an all-night inquisition in a prosecutor's office and police station.37