Nix+v.+Williams


 * Nix v. Williams

__Background__ Williams was arrested for the murder of a ten year old child in Iowa. After he committed the murder he sent got rid of her body along a little traveled gravel road. After the child was declared missing the local law enforcement agency sent out a large search party in order to recover the body. While law officials were searching for the body Williams came forward per the request of police officers and told them the location of the body. He had not been arrested previous to this and his Miranda Rights were only read to him after he had been officially arrested. The question was whether or not the evidence (body) could be used because he had not yet been read his rights.

__Majority Opinion__ ** The majority received 7 votes using the inevitable discovery doctrine as its basis. Because the volunteer search teams were searching in such close proximity to the true location of the body it was said to be inevitable for them to discover it, thus the evidence was held.

__Minority Opinion__ There had already been a precedent set in Brewer v. Williams that stated that allowed someone to "get away" on first degree murder because he did not have legal counsel present as promised in the sixth and fourteenth amendments.