deliberate elicitation

deliberate elicitation. Criminal procedure. The purposeful yet covert drawing forth of an incriminating response (usu. not during a formal interrogation) from a suspect whose Sixth Amendment right to counsel has attached but who has not waived that right. • Deliberate elicitation may occur, for example, when a police officer engages an arrested suspect in conversation on the way to the police station. Deliberate elicitation violates the Sixth Amendment. Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199 (1964). See MASSIAH RULE.

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词条贡献者

译者崇载，国际名校知识产权法专业，擅长翻译各种与知识产权相关的法律文件。