LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
  - Texas v. Cobb
  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
- Stops-Generally
- Stops-Terry/Traffic Stops
The Fifth Amendment
- Compelled
- Due Process
- Fourth Amendement Violations
- Holder of the Privelege
- Immunity
- Introductory Issues
- Miranda - Custody
- Miranda - Generally
- Miranda - Goverment Employees
- Miranda - Interrogation
  - Pennsylvania v. Muniz
  - Rhode Island v. Innis
- Miranda - Police
  - Arizona v. Mauro
  - Illinois v. Perkins
- Miranda - Right to Counsel
- Miranda - Right to Silence
- Miranda - Waiver
- Miranda Exceptions
  - New York v. Quarles
  - Harris v. New York
- Testimonial Evidence
- Voluntary
Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
- Serving the Warrant - Person at the Premises
- Serving the Warrant - Related Issues
- With Particularity
Search Warrant Exceptions - P.C. Not Needed
- Consent
- Frisk
- Inspections - Border Inspections
  - United States v. Flores-Montano
  - United States v. Ramsey
- Inspections - Parolees
  - Samson v. California
  - United States v. Knights
- Inspections - Special Needs
- Inspections - Structures
- Inspections - Vehicles
- Inventories
- Search Incident to Arrest
  - United States v. Chadwick
- Search Incident to Arrest - Alcohol Test
  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
Search Warrant Exceptions - P.C. Needed
- Destruction of Evidence
- Emergency Scenes
- Hot Pursuit
- Mobile Vehicles
- Plain View
Related Search and Seizure Issues
- Officer's Intent
- Other Issues
Other Cases
- Generally
Liability
- Brady Material
- Generally
Levels of Suspicion
- Probable Cause
- Reasonable Suspicion
Fourth Amendment - Exclusionary Rule
- Exceptions - Attenuation
  - Utah v. Strieff
- Exceptions - Good Faith Exceptions
- Exceptions - Impeachement
- Exceptions - Independent Source
  - Murray v. United States
- Exceptions - Inevitable Discovery
  - Nix v. Williams
- Exceptions - No Standing to Object
- Exceptions - Other Hearings
  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Crime Specfific

Maine v. Moulton

Facts

The defendant and co-defendant Colson were indicted for possession of stolen automobiles and parts. They appeared with their attorneys at arraignment and were released on bail. Before trial, Colson and his lawyers met with the police and Colson confessed to his participation with the defendant in the pending charges. He agreed to testify against the defendant and cooperate with the investigation. Colson also consented to having a recording device placed on his telephone to record his conversations with the defendant and to wear a body wire transmitter to record a meeting with the defendant during which he would discuss the pending charges. The defendant made incriminating statements during an encounter with Colson.

Issue

Whether the defendant’s Sixth Amendment right to counsel was violated by admission at trial of incriminating statements made to a government informant after indictment?

Held

Yes. The defendant has a right to the presence of counsel for any government questioning that occurs after the Sixth Amendment has attached.The Sixth Amendment guarantees the right to assistance of counsel. This assistance is not limited to participation in the trial but encompasses all critical stages (court hearings, lineups and government questioning). The right to counsel attaches at or after the time that adversarial judicial proceedings have been initiated. This occurs at the indictment or the filing of an information. This can occur at the initial appearance if the defendant expresses a desire to be represented by counsel. The co-defendant’s participation in the meeting was the “functional equivalent” of interrogation and violates this Sixth Amendment right. However, incriminating statements pertaining to other crimes, as to which the Sixth Amendment right has not yet attached, are admissible at a trial for those offenses.

Discussion

The Sixth Amendment guarantees the right to assistance of counsel. This assistance is not limited to participation in the trial but encompasses all critical stages (court hearings, lineups and government questioning). The right to counsel attaches at or after the time that adversarial judicial proceedings have been initiated. This occurs at the indictment or the filing of an information. This can occur at the initial appearance if the defendant expresses a desire to be represented by counsel. The co-defendant’s participation in the meeting was the “functional equivalent” of interrogation and violates this Sixth Amendment right. However, incriminating statements pertaining to other crimes, as to which the Sixth Amendment right has not yet attached, are admissible at a trial for those offenses.

Citation

474 U.S. 159, 106 S. Ct. 477 (1985)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege