State v. McLeod

In the Massiah case, the defendant, after being indicted for violating the federal narcotics law, retained a lawyer, pleaded not guilty and while free on bail made incriminating statements in an automobile to a confederate who had decided to co-operate with the government. Those statements were overheard by a government agent by means of a radio hidden in the automobile and, over his objection, were used against the defendant at the trial.

In the majority opinion by Mr. Justice Stewart it is stated (84 S. Ct., 1199, 1203):

“We hold that the petitioner was denied the basic protections of that…