Heller v. Connecticut

Mr. Justice Fortas, with whom Mr. Justice Douglas joins,

dissenting.

A policeman saw petitioner seated in an improperly parked car at 1:50 a. m. The policeman spoke to petitioner, but received no reply. He detected a strong odor of alcohol on petitioner’s breath. He took petitioner to a nearby police station. Petitioner requested permission to call an attorney. The request was refused. He was questioned, but refused to answer. He said he would answer questions if he could call a lawyer.

According to the police, petitioner was unsteady on his feet and his clothes were disarranged. No medical or…