Petitioner: Massiah is the petitioner in this case. He was indicted for bringing in narcotics to the U.S. and he along with his partner, Colson, retained a lawyer and pled not guilty and were released on bail. One of the federal officers investigating the case contacted Colson and asked him if he can help the officers obtain incriminating evidence against Massiah. Colson agreed to have his car wired with a transmitter and while Massiah was discussing his business with Colson in Colson's car, the federal officials obtained the incriminating statements made by Massiah.

Respondent: The Federal Officers of United States of America

Issue: Can the incriminating statements made by the petitioner in Colson's car be admitted as evidence?

Holding: No

Legal Reasoning: After a person has been indicted with a crime, the officers can not obtain incriminating statements from that person without the presence of his attorney. Doing so would violate the defendant's Fifth and Sixth Amendment rights. Undercover state agents, in our case Colson, can not be used to obtain incriminating statements from the defendants in the post-indictment state of the legal proceedings. Undercover officers can be used to elicit incriminating statements from a person only if that person has not been officially charged with the crime in question (see Illinois v. Perkins).

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