Massiah prohibits the use of statements obtained through government informants after the defendant has been formally charged.

• A. True.
• B. False.
• C. Only if the defendant's counsel is present.
• D. Only for non-violent offenses.

Answer: (A)

Massiah protects the defendant’s right to counsel from government-initiated interrogation after formal charges. Once someone has been indicted, the Sixth Amendment bars the police from using a government agent or informant to deliberately elicit incriminating statements from the defendant in the absence of counsel. The idea is to prevent covert questioning by the government that the defendant cannot confront with expert help at counsel’s side.

So, statements obtained through government informants after charging are generally not admissible because they result from the government’s deliberate elicitation, occurring at a time when the defendant’s right to counsel has attached. The presence of counsel would typically change the situation and could allow such questioning without violating Massiah, which is why the other options don’t fit. Massiah applies to all offenses, not just non-violent ones.