Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Is it legal for officers to use informants after a suspect claims their 6th amendment right to counsel?

1. Yes, it is legal

2. No, it is not legal

3. Only if the informant is independent

4. Only if the officers are not present

The correct answer is: No, it is not legal

In the context of the 6th Amendment, which guarantees the right to counsel, the legal principle is that once a suspect has asserted their right to an attorney, law enforcement cannot initiate contact or interrogation without the presence of legal counsel. This protection aims to ensure that a suspect can make informed decisions regarding their defense without coercion or manipulation. When a suspect claims their right to counsel, any attempt by law enforcement to gather information through informants or other means, especially involving direct communication with the suspect, can violate this right. This is true regardless of the informant's independence or the circumstances of their interactions with the suspect. The core of the 6th Amendment is to ensure that individuals are not unfairly disadvantaged during legal proceedings, and circumventing this right through the use of informants would undermine the fundamental principles of due process. Recognizing the significance of this protection helps to uphold the integrity of the legal system and the rights of suspects, ensuring that they have the opportunity to engage with legal counsel freely when they have invoked that right.