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Criminal Procedure Keyed to Chemerinsky
Massiah v. United States
Citation:
377 U.S. 201 (1964)Facts
Massiah (Petitioner) was being investigated by an undercover informant for violating federal narcotics laws. He had already been indicted and was released on bail. The informant, who was one of Massiah’s co-defendants who had agreed to cooperate with the government, surreptitiously listened to incriminating statements that Massiah made about his involvement in selling cocaine, and then communicated these statements to the government. Massiah moved to exclude these statements at trial, arguing that the use of the statements violated his Sixth Amendment right to counsel.
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