Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
12 canonical passages across 9 cases, quoted by 128 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Henry.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | United States v. Henry Anchor | green | “by intentionally creating a situation likely to induce henry to make incriminating statements without the assistance of counsel, the government violated henry's sixth amendment right to counsel.” | 29 |
| 2 | Maine v. Moulton | green | “knowing exploitation by the state of an opportunity to confront the accused without counsel being present is as much a breach of the state's obligation not to circumvent the right to the assistance of counsel as is the intentional creation of such an opportunity.” | 20 |
| 3 | Massiah v. United States | green | “when there was used against him at his trial evidence of his own incriminating words, which federal agents had deliberately elicited from him after he had been indicted and in the absence of his counsel.” | 18 |
| 4 | Kuhlmann v. Wilson | green | “the defendant must demonstrate that the police and their informant took some action, beyond merely listening, that was designed deliberately to elicit incriminating remarks.” | 14 |
| 5 | United States v. Henry | green | “even if the agent's statement that he did not intend that nichols would take affirmative steps to secure incriminating information is accepted, he must have known that such propinquity likely would lead to that result.” | 9 |
| 6 | United States v. Henry | green | “the mere fact of custody imposes pressures on the accused; confinement may bring into play subtle influences that will make him particularly susceptible to the ploys of undercover government agents.” | 9 |
| 7 | Kuhlmann v. Wilson | green | “the primary concern of the massiah line of decisions is secret interrogation by investigatory techniques that are the equivalent of direct police interrogation.” | 9 |
| 8 | No. 98-3578 | green | “an informant becomes a government agent for purposes of massiah only when the informant has been instructed by the police to get information about the particular defendant.” | 6 |
| 9 | Bernard Depree v. A.G. Thomas, Warden and Michael J. Bowers | green | “there is, by necessity, no bright-line rule for determining whether an individual is a government agent for purposes of the sixth amendment right to counsel.” | 5 |
| 10 | United States v. Premnath Birbal John T. Wright | green | “an informant becomes a government agent for purposes of massiah only when the informant has been instructed by the police to get information about the particular defendant.” | 4 |
| 11 | B. Frank Thomas v. J.D. Cox, Warden | green | “an unencouraged hope to curry favor” | 3 |
| 12 | United States v. Kimball | green | “created a situation likely to induce” | 2 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.