Section 11.27 “Volunteered” Statements

• Library: Criminal Practice 2012 Supp

2. (§11.27) “Volunteered” Statements

While both Massiah v. United States, 377 U.S. 201 (1964), and United States v. Henry, 447 U.S. 264 (1980), prohibited the use of “deliberately elicited” statements, they left open the question of whether Sixth Amendment protection extends to “volunteered” statements made to the police or an informant. It appears that, after Kuhlmann v. Wilson, 477 U.S. 436 (1986), passive listening that does not induce incriminating statements does not violate the Sixth Amendment. It is unclear, however, if use at...