LAW 605 Lecture Notes - Lecture 54: False Friend, Massiah V. United States, Formal Charge
23 Dec 2019
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Two foundational cases: massiah v. united states (pre-miranda, facts: d was indicted, retained lawyer, pleads not guilty, released on bail. Fed agents convinced co-d to put microphone in car. D asks for lawyer, was denied, lawyer asked to see d, was refused; d confessed: court: confession suppressed. Investigation had focused on d, and d had requested a lawyer, so d had right to lawyer in interrogation. Violated 6a for police to interfere w/ access to counsel: case really isn"t that important for 6a bc eventually miranda came. Brewer v. williams (1977: facts: murder in des moines, d flees to davenport. D surrendered to davenport police; arraigned on arrest warrant and given miranda warnings. On drive back to des moines, police (knowing d was a former mental patient and deeply religious) gave d the. D tells police where to find the body: rule: once 6a right to counsel attaches, police can"t interrogate suspect outside of presence of counsel.
