When is an informant who talks to a defendant considered a "government agent"?
According to the U.S. Supreme Court’s Massiah v. U.S. decision, the police can’t question a defendant whose lawyer isn’t present and whose right to counsel has kicked in. (377 U.S.
Is it illegal for an informant to get information out of a represented defendant by only listening?
The police can’t question a defendant—or use an informant to get information out of the defendant—after the right to counsel has “attached” if the defendant’s attorney isn’t present.
Offers of Leniency in Exchange for a Confession
For a defendant’s confession to be admissible at trial, it must be “voluntary.” The notion is that the le
Evidence Obtained Through Torture
A conviction based on evidence obtained through torture is a violation of not only the common law inherited from England and the U.S. Constitution, but also a United Nations treaty. (The U.S.
If the police arrest me but allow me to speak to a visitor, should I?
The opportunity to speak to a friend or family member is often welcome for someone who is under arrest. It can be helpful, too, if it facilitates payment of bail or finding a lawyer.
What Happens If You Confess to a Crime After an Illegal Arrest or Search?
Incriminating statements that come from unlawful police conduct are often inadmissible in court.