ASIS Professional Certified Investigator Practice Exam 2026 – Complete Study Guide

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What does the Massiah v. US case establish about attorney representation?

A defendant can speak to police without their attorney present

All communication must occur through the attorney once hired

The Massiah v. US case establishes that once a defendant has been formally charged and has requested an attorney, any communication regarding the case must go through that attorney. This principle reinforces the Sixth Amendment right to counsel, ensuring that defendants have the support of legal representation during critical stages of the legal process. The case illustrates the importance of protecting a defendant’s rights by preventing law enforcement from taking advantage of a situation where a defendant may not fully understand their rights or the implications of speaking without counsel.

In this context, it is essential to note that if a defendant has secured the services of an attorney, law enforcement cannot initiate questioning or seek to elicit information from the defendant directly without the attorney present. Thus, the requirement for all communication to occur through the attorney is a vital protection for defendants once they have obtained legal representation.

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Police must notify an attorney before questioning begins

Only qualified lawyers can represent defendants

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