“
Massiah v. Illinois, the Court held that without the presence of a lawyer, the police may not attempt to deliberately elicit statements from a person who has been indicted.6 That same year the Court went further and, in Escobedo v. Illinois, held that even before there is an indictment, criminal defendants have the right to have an attorney present while police are questioning them in custody.7
”
”
Erwin Chemerinsky (Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights)