Massiah v

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Evidence Seized in Violation of Right to Counsel Not Admissible
(Massiah v United)
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Evidence Seized in Violation of Right to Counsel Not Admissible
(Massiah v United)

Under Massiah, the prosecution may not use evidence obtained in violation of the defendant’s Sixth Amendment right to counsel. (Massiah v. United States, supra, 377 U.S. at p. 207.) In Massiah v. United States, supra, 377 U.S. the court stated:

"Government agents, while continuing to investigate narcotics activities including those of petitioner, who had retained a lawyer and was free on bail after indictment, without petitioner's knowledge secured an alleged confederate's consent to install a radio transmitter in the latter's automobile. An agent was thereby enabled to overhear petitioner's damaging statements which, despite his objection, were used in the trial which resulted in his conviction. Held: Incriminating statements thus deliberately elicited by federal agents from the petitioner, in the absence of his attorney, deprived the petitioner of his right to counsel under the Sixth Amendment; therefore such statements could not constitutionally be used as evidence against him in his trial. Pp. 201-207.
307 F.2d 62, reversed."

Massiah v. United States (1964) 377 U.S. 201

U.S. Supreme Court
MASSIAH v. UNITED STATES, 377 U.S. 201 (1964) 377 U.S. 201
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
No. 199. -Argued March 3, 1964. -Decided May 18, 1964.

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U.S. Supreme Court MASSIAH v. UNITED STATES, 377 U.S. 201 (1964) 377 U.S. 201 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 199. -Argued March 3, 1964. -Decided May 18, 1964.

U.S. Supreme Court
MASSIAH v. UNITED STATES, 377 U.S. 201 (1964) 377 U.S. 201
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
No. 199. -Argued March 3, 1964. -Decided May 18, 1964.