del Carmen & Walker: Briefs of Leading Cases in Law Enforcement, 8th Edition


Apply the Case Law

2. Jailhouse Informant

Remington was arrested and jailed on weapons charges relating to a crime committed in Arkansas. Remington was also a suspect in a Mississippi murder. In an attempt to determine if Remington committed the crime, police officers planted a government informant in Remington’s cell to try to collect evidence about the crime. The informant’s agreement specified that he was not to elicit any information about Remington’s pending Arkansas charges. The informant struck up a conversation with Remington about the murder by asking if he had ever killed anyone. Eventually, Remington told the informant about the murder, giving sufficient detail. This information was given to officers working on the murder case. At about the same time, officers learned from another informant that Remington had hidden the murder weapon at a particular place. Based on that information, officers obtained a search warrant. Officers found the weapon that was determined to be the murder weapon by ballistics. Remington’s fingerprints were found on the weapon.

Questions

  1. Which cases are most applicable to these facts?

    Correct Answer

    • Edwards v. U.S. (Chapter 16) to address whether the jailhouse confession of Remmington to Bill was constitutional (students will need more information about whether Remmington had requested a lawyer).
    • Murray v. U.S. (Chapter 2) to address the independent source for obtaining the search warrant.

  2. Did the actions of the jailhouse informant violate Remington’s right to counsel?

    Correct Answer

    Most likely, especially if he had requested an attorney.

  3. If the jailhouse informant’s testimony was inadmissible, was the gun admissible in court?

    Correct Answer

    Yes, because of the independent source doctrine.

Copyright © 2012, Elsevier Inc. All Rights Reserved.