Chapter 5 - §3. Evidence subject to exclusion under right to counsel

• Jurisdiction: United States

§3. Evidence subject to exclusion under right to counsel

§3.1. Exclusion of statement. Whether a statement obtained in violation of the Sixth Amendment right to counsel must be suppressed depends on why it is offered, as well as how it was obtained.

Note

Under certain circumstances, the court may sanction the prosecution for deliberately violating or circumventing the Sixth Amendment right to counsel by complete dismissal of all charges with prejudice. See, e.g., Morrow v. Superior Ct. (2d Dist.1994) 30 Cal.App.4th 1252, 1263 (conduct of prosecutor who deliberately instructed his investigator to eavesdrop on confidential conversation between D and his counsel during recess in trial was so egregious that mandamus was issued to trial court to dismiss sole charge of residential burglary). The appropriate sanction, however, will depend on the facts of each case. Id. at 1263 n.4.

1. Prosecution's case-in-chief. A statement obtained in violation of the defendant's Sixth Amendment right to counsel cannot be used in the prosecution's case-in-chief. Michigan v....