D waived, but didn’t could have Dissent: D knew of rights & spoke anyway, implicitly waiving; Cops didn’t D question Cops CI to ask D about one thing in pre-arranged meeting between CI Moulton – & D, but CI asked about more stuff Deliberate elicitation b/c gov knowing exploited circumstances & should’ve known D made incrim statements Ok to continue investigating just can’t use the statements for the – charged crimes, like Massiah Burger: Hold cops to good standard Shouldn’t hold them responsible for rogue informant
D could have waived, but didn’t Dissent: D knew of rights & spoke anyway, implicitly waiving; Cops didn’t question D Moulton – Cops CI to ask D about one thing in pre-arranged meeting between CI & D, but CI asked about more stuff Deliberate elicitation b/c gov knowing exploited circumstances & should’ve known D made incrim statements Ok to continue investigating – just can’t use the statements for the charged crimes, like Massiah Burger: Hold cops to good standard Shouldn’t hold them responsible for rogue informant
Criminal%20Procedure%20-%20Cheh%20-%20Fall%202011.docx