In the case of Levine v. United States (1959), the Supreme Court ruled on whether a defendant could be present during a jury's visit to the scene of an alleged crime. The petitioner, Levine, was convicted for bank robbery and appealed his conviction arguing that he had been denied his Sixth Amendment right to confront witnesses against him when he was not allowed to accompany the jury during their visit to the crime scene. The Supreme Court held that there was no constitutional requirement for a defendant's presence at such viewings because they are not part of trial proceedings where evidence is presented or witnesses testify but rather serve as aids in understanding other evidence already introduced at trial. Therefore, it concluded that Levine’s rights were not violated by his absence from this event.

In the dissenting opinion for Levine v. United States, Justice Brennan disagreed with the majority's decision to uphold a contempt conviction against an individual who refused to answer questions before a grand jury without his attorney present. He argued that this violated the Fifth Amendment right against self-incrimination and due process rights under the Fourteenth Amendment. Brennan believed that individuals should have access to counsel during all stages of criminal proceedings, including grand jury investigations, as they are often complex and can lead to criminal charges if not handled properly. He also pointed out inconsistencies in how different courts had interpreted these constitutional protections in similar cases, suggesting that further clarification was needed from higher courts or Congress on this issue.