massiah
argued
march
decided
may
government
agents
continuing
investigate
narcotics
activities
including
petitioner
retained
lawyer
free
bail
indictment
without
petitioner
knowledge
secured
alleged
confederate
consent
install
radio
transmitter
latter
automobile
agent
thereby
enabled
overhear
petitioner
damaging
statements
despite
objection
used
trial
resulted
conviction
held
incriminating
statements
thus
deliberately
elicited
federal
agents
petitioner
absence
attorney
deprived
petitioner
right
counsel
sixth
amendment
therefore
statements
constitutionally
used
evidence
trial
pp
reversed
robert
carluccio
argued
cause
filed
brief
petitioner
solicitor
general
cox
argued
cause
brief
assistant
attorney
general
miller
jerome
nelson
justice
stewart
delivered
opinion
petitioner
indicted
violating
federal
narcotics
laws
retained
lawyer
pleaded
guilty
released
bail
free
bail
federal
agent
succeeded
surreptitious
means
listening
incriminating
statements
made
evidence
statements
introduced
petitioner
trial
objection
convicted
appeals
affirmed
granted
certiorari
consider
whether
circumstances
presented
prosecution
use
trial
evidence
petitioner
incriminating
statements
deprived
right
secured
federal
constitution
petitioner
merchant
seaman
member
crew
santa
maria
april
year
federal
customs
officials
new
york
received
information
going
transport
quantity
narcotics
aboard
ship
south
america
result
information
agents
searched
santa
maria
upon
arrival
new
york
found
afterpeak
vessel
five
packages
containing
three
half
pounds
cocaine
also
learned
circumstances
relevant
tending
connect
petitioner
cocaine
arrested
promptly
arraigned
subsequently
indicted
possession
narcotics
aboard
vessel
july
superseding
indictment
returned
charging
petitioner
man
named
colson
substantive
offense
separate
counts
charging
petitioner
colson
others
conspired
possess
narcotics
aboard
vessel
import
conceal
facilitate
sale
narcotics
petitioner
retained
lawyer
pleaded
guilty
released
bail
along
colson
days
later
quite
without
petitioner
knowledge
colson
decided
cooperate
government
agents
continuing
investigation
narcotics
activities
petitioner
colson
others
allegedly
engaged
colson
permitted
agent
named
murphy
install
schmidt
radio
transmitter
front
seat
colson
automobile
means
murphy
equipped
appropriate
receiving
device
overhear
distance
away
conversations
carried
colson
car
evening
november
colson
petitioner
held
lengthy
conversation
sitting
colson
automobile
parked
new
york
street
prearrangement
colson
totally
unbeknown
petitioner
agent
murphy
sat
car
parked
sight
street
listened
radio
entire
conversation
petitioner
made
several
incriminating
statements
course
conversation
petitioner
trial
incriminating
statements
brought
jury
murphy
testimony
despite
insistent
objection
defense
counsel
jury
convicted
petitioner
several
related
narcotics
offenses
convictions
affirmed
appeals
petitioner
argues
error
constitutional
dimensions
permit
agent
murphy
trial
testify
petitioner
incriminating
statements
murphy
overheard
circumstances
disclosed
record
argument
based
upon
two
distinct
independent
grounds
first
told
murphy
use
radio
equipment
violated
petitioner
rights
fourth
amendment
consequently
evidence
murphy
thereby
obtained
rule
weeks
inadmissible
petitioner
trial
secondly
said
petitioner
fifth
sixth
amendment
rights
violated
use
evidence
incriminating
statements
government
agents
deliberately
elicited
indicted
absence
retained
counsel
way
dispose
case
reach
fourth
amendment
issue
spano
new
york
reversed
state
criminal
conviction
confession
wrongly
admitted
evidence
defendant
trial
case
defendant
already
indicted
murder
time
confessed
held
defendant
conviction
stand
fourteenth
amendment
opinion
relied
upon
totality
circumstances
confession
obtained
four
concurring
justices
pointed
constitution
required
reversal
conviction
upon
sole
specific
ground
confession
deliberately
elicited
police
defendant
indicted
therefore
time
clearly
entitled
lawyer
help
pointed
system
justice
elemental
concepts
due
process
law
contemplate
indictment
followed
trial
orderly
courtroom
presided
judge
open
public
protected
procedural
safeguards
law
stewart
concurring
said
constitution
guarantees
defendant
aid
counsel
trial
surely
vouchsafe
less
indicted
defendant
interrogation
police
completely
extrajudicial
proceeding
anything
less
said
might
deny
defendant
effective
representation
counsel
stage
legal
aid
advice
help
douglas
concurring
ever
since
decision
spano
case
new
york
courts
unequivocally
followed
constitutional
rule
secret
interrogation
defendant
finding
indictment
without
protection
afforded
presence
counsel
contravenes
basic
dictates
fairness
conduct
criminal
causes
fundamental
rights
persons
charged
crime
people
waterman
view
reflects
constitutional
principle
established
long
ago
powell
alabama
noted
perhaps
critical
period
proceedings
say
time
arraignment
beginning
trial
consultation
thoroughgoing
investigation
preparation
vitally
important
defendants
much
entitled
aid
counsel
period
trial
since
spano
decision
basic
constitutional
principle
broadly
reaffirmed
hamilton
alabama
white
maryland
see
gideon
wainwright
deal
state
conviction
federal
case
specific
guarantee
sixth
amendment
directly
applies
johnson
zerbst
hold
petitioner
denied
basic
protections
guarantee
used
trial
evidence
incriminating
words
federal
agents
deliberately
elicited
indicted
absence
counsel
true
spano
case
defendant
interrogated
police
station
damaging
testimony
elicited
defendant
without
knowledge
free
bail
judge
hays
pointed
dissent
appeals
rule
efficacy
must
apply
indirect
surreptitious
interrogations
well
conducted
jailhouse
case
massiah
seriously
imposed
upon
even
know
interrogation
government
agent
solicitor
general
brief
oral
argument
strenuously
contended
federal
law
enforcement
agents
right
indeed
duty
continue
investigation
petitioner
alleged
criminal
associates
even
though
petitioner
indicted
points
government
continuing
investigation
order
uncover
source
narcotics
found
santa
maria
also
intended
buyer
says
quantity
narcotics
involved
suggest
petitioner
part
large
ring
indeed
continuing
investigation
confirmed
suspicion
since
resulted
criminal
charges
many
defendants
circumstances
solicitor
general
concludes
government
agents
completely
justified
making
use
colson
cooperation
colson
continue
normal
associations
surveilling
may
accept
least
present
purposes
completely
approve
argument
implies
fourth
amendment
problems
one
side
question
case
many
cases
entirely
proper
continue
investigation
suspected
criminal
activities
defendant
alleged
confederates
even
though
defendant
already
indicted
hold
defendant
incriminating
statements
obtained
federal
agents
circumstances
disclosed
constitutionally
used
prosecution
evidence
trial
reversed
footnotes
petitioner
trial
upon
second
superseding
indictment
returned
march
included
additional
counts
defendants
appeals
reversed
conviction
upon
conspiracy
count
one
judge
dissenting
affirmed
convictions
upon
three
substantive
counts
one
judge
dissenting
see
also
people
davis
people
rodriguez
people
meyer
people
di
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people
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div
dept
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div
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div
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criminal
prosecutions
accused
shall
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justice
white
justice
clark
justice
harlan
join
dissenting
current
incidence
serious
violations
law
represents
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waste
potentially
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lives
engage
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dangerous
threat
unidentified
innocent
people
victims
crime
today
tomorrow
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problem
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civilized
society
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identify
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scope
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matters
rug
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portentous
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rule
established
barring
use
evidence
relevant
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highly
probative
issue
trial
whether
accused
committed
act
charged
without
evidence
quest
truth
may
seriously
impeded
many
cases
trial
although
aware
proof
showing
defendant
guilt
must
nevertheless
release
crucial
evidence
deemed
inadmissible
result
entirely
justified
circumstances
exclusion
serves
policies
overriding
importance
evidence
seized
illegal
search
excluded
quality
proof
secure
meaningful
enforcement
fourth
amendment
weeks
mapp
ohio
emphasizes
soundest
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warrant
exclusion
evidence
otherwise
admissible
creation
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area
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due
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convinced
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obtained
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counsel
seem
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pertinent
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obtained
time
right
counsel
attaches
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indictment
admissions
made
prior
arraignment
least
defendant
counsel
asks
fruits
admissions
improperly
obtained
new
rule
criminal
proceedings
state
courts
defendants
long
since
convicted
upon
evidence
including
admissions
new
rule
immediately
service
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many
cases
whatever
content
scope
rule
may
prove
unable
see
case
presents
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interference
massiah
right
counsel
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prevented
consulting
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meetings
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spied
upon
preparation
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way
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sterile
syllogism
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say
massiah
right
counsel
aid
trial
conversations
admissions
must
excluded
obtained
without
counsel
consent
presence
right
counsel
never
meant
much
cicenia
lagay
crooker
california
extension
case
requires
explanation
far
unarticulated
since
new
rule
exclude
admissions
made
police
matter
voluntary
reliable
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presence
approval
seem
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upon
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thinly
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policy
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upon
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cases
viewed
light
newly
fashioned
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principle
goes
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privilege
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requires
suggests
barring
voluntary
pretrial
admissions
fifth
amendment
person
shall
compelled
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case
witness
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law
announced
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area
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outside
presence
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lagay
supra
crooker
california
supra
presents
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bar
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nonlawyers
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colson
massiah
codefendant
applying
new
exclusionary
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peculiarly
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time
conversation
question
petitioner
custody
free
bail
questioned
anyone
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atmosphere
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coercion
said
said
partner
crime
also
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suggestion
possibility
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petitioner
know
colson
decided
report
conversation
police
prior
arrangements
colson
police
colson
simply
gone
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conversation
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testimony
relating
massiah
statements
readily
admissible
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recording
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made
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event
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massiah
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friend
decided
disclose
knew
massiah
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colson
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evidence
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organizations
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posed
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colson
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massiah
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questioned
relays
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access
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law
enforcement
may
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mcguire
massiah
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receive
ample
protection
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line
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see
house
mayo
payne
arkansas
cicenia
lagay
supra
wiser
rule
automatic
rule
announced
requires
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juries
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picks
fifth
amendment
ends
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rule
similar
supplemental
role
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fourth
amendment
fifth
amendment
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compelled
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fourth
amendment
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unreasonable
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argued
fruitlessly
hope
police
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