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Right To Counsel Exists When Someone Other Than Police Gathers Evidence


In United States v. Henry, the U.S. Supreme Court rules that police violated a defendant’s Sixth Amendment right to counsel when they paid the defendant’s cellmate to “pay attention” to any remarks made by the defendant that were potentially incriminating. Because the defendant’s attorney was not in the cell when these conversations occurred, and because the defendant would not have made any of the statements if he were aware that the cellmate was acting on behalf of the police, the Court finds that any evidence gathered through this method could not be used at trial.