What constitutes an indirect means restriction under Sixth Amendment protections?

What constitutes an indirect means restriction under Sixth Amendment protections?

• A. Using paid informants to actively ask questions of the defendant.
• B. Interrogating the defendant directly.
• C. Providing an attorney at police questioning.
• D. Recording a conversation between attorney and client.

Answer: (A)

The idea being tested is that once the Sixth Amendment right to counsel attaches, the government cannot use indirect means to elicit a defendant’s statements. After indictment, police may not turn to a third party to prompt the defendant to talk, effectively bypassing counsel. This is exemplified by using a paid informant to actively ask questions of the defendant, which constitutes government-initiated interrogation through an intermediary and violates the defendant’s right to counsel (Massiah v. United States). Direct questioning by police is a different scenario; having an attorney present is a protective measure, not the indirect-means restriction itself. Recording a conversation between attorney and client involves attorney‑client privilege, not the mechanism by which the police attempt to elicit incriminating statements.

The idea being tested is that once the Sixth Amendment right to counsel attaches, the government cannot use indirect means to elicit a defendant’s statements. After indictment, police may not turn to a third party to prompt the defendant to talk, effectively bypassing counsel. This is exemplified by using a paid informant to actively ask questions of the defendant, which constitutes government-initiated interrogation through an intermediary and violates the defendant’s right to counsel (Massiah v. United States).

Direct questioning by police is a different scenario; having an attorney present is a protective measure, not the indirect-means restriction itself. Recording a conversation between attorney and client involves attorney‑client privilege, not the mechanism by which the police attempt to elicit incriminating statements.