California, United States of America
The following excerpt is from People v. Neely, 70 Cal.App.4th 767, 82 Cal.Rptr.2d 886 (Cal. App. 1999):
The Massiah rule forbids the use of illegally-elicited incriminating statements. No such statements were used at trial, nor was the content of those [70 Cal.App.4th 790] statements a factor in Teater's identification. She did not base her identification on the content of defendant's speech, she based it on the way he said "fucking." (See Gilbert v. California, supra, 388 U.S. at p. 267, 87 S.Ct. at p. 1953, 18 L.Ed.2d at p. 1183 ["[n]o claim is made that the content of the exemplars was testimonial"].) The People discovered evidence of an aural identification which, but for the illegality, they would not have discovered. But the discovery was not an exploitation of the Massiah violation and could not have been within the contemplation of the officers who committed that violation.
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