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Name: People v. Martin
Case #: E028833
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/14/2002
Subsequent History: None

Defendant’s constitutional rights under Massiah v.United States (1964) 377 U.S. 201 were not violated when the police arranged for his girlfriend to secretly record inculpatory telephone conversations while he was represented by counsel. In addition to a murder, the police were investigating defendant’s later intimidation of the girlfriend as a witness. Here the police provided the recording equipment. The girlfriend voluntarily contacted the police (although she was in fear for hers and her daughter’s lives), the police did not give her any instructions or suggested questions. The appellate court found no waiver of Sixth Amendment rights since defendant initiated the conversation, the girlfriend was not acting as the agent of the police, and the interrogation was her idea Because the police were investigating the new crime of witness intimidation, and defendant had not yet been charged with that crime, defendant’s Sixth Amendment right had not yet attached. Thus there was no knowing circumvention of defendant’s right to counsel