California, United States of America
The following excerpt is from People v. Bolivar, B284882 (Cal. App. 2019):
Bolivar enlists Massiah v. United States (1964) 377 U.S. 201, 204, which bans police from using an undercover agent to circumvent the Sixth Amendment right to counsel once a suspect has been charged. Bolivar had not yet been charged, and as Perkins confirmed, when formal charges have not been made, the Sixth Amendment right to counsel does not attach to require exclusion of a confession to an undercover police agent. (Perkins, supra, 496 U.S. at p. 299; see People v. Chutan (1999) 72 Cal.App.4th 1276, 1283.)
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