OPINION OF THE COURT
FELLERS V. UNITED STATES
540 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
NO. 02-6320
JOHN J. FELLERS, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states court of
appeals for the eighth circuit
[January 26, 2004]
Justice O’Connor delivered the
opinion of the Court.
After a grand jury indicted
petitioner John J. Fellers, police officers arrested him at his
home. During the course of the arrest, petitioner made several
inculpatory statements. He argued that the officers deliberately
elicited these statements from him outside the presence of counsel,
and that the admission at trial of the fruits of those statements
therefore violated his Sixth Amendment right to counsel. Petitioner
contends that in rejecting this argument, the Court of Appeals for
the Eighth Circuit improperly held that the Sixth Amendment right
to counsel was “not applicable” because “the officers did not
interrogate [petitioner] at his home.” 285 F. 3d 721, 724
(2002). We granted the petition for a writ of certiorari,
538 U. S. 905 (2003),
and now reverse.
I
On February 24, 2000, after a
grand jury indicted petitioner for conspiracy to distribute
methamphetamine, Lincoln Police Sergeant Michael Garnett and
Lancaster County Deputy Sheriff Jeff Bliemeister went to
petitioner’s home in Lincoln, Nebraska, to arrest him. App. 111.
The officers knocked on petitioner’s door and, when petitioner
answered, identified themselves and asked if they could come in.
Ibid. Petitioner invited the officers into his living
room.
Ibid.
The officers advised
petitioner they had come to discuss his involvement in
methamphetamine distribution. Id., at 112. They informed
petitioner that they had a federal warrant for his arrest and that
a grand jury had indicted him for conspiracy to distribute
methamphetamine.
Ibid. The officers told petitioner that
the indictment referred to his involvement with certain
individuals, four of whom they named.
Ibid. Petitioner
then told the officers that he knew the four people and had used
methamphetamine during his association with them.
Ibid.
After spending about 15 minutes in
petitioner’s home, the officers transported petitioner to the
Lancaster County jail.
Ibid. There, the officers advised
petitioner for the first time of his rights under
Miranda
v.
Arizona, 384 U. S. 436 (1966),
and
Patterson v.
Illinois, 487 U. S. 285 (1988).
App. 112
. Petitioner and the two officers signed a
Miranda waiver form, and petitioner then reiterated the
inculpatory statements he had made earlier, admitted to having
associated with other individuals implicated in the charged
conspiracy, App. 29–39, and admitted to having loaned money to one
of them even though he suspected that she was involved in drug
transactions,
id., at 34.
Before trial, petitioner moved to suppress the
inculpatory statements he made at his home and at the county jail.
A Magistrate Judge conducted a hearing and recommended that the
statements petitioner made at his home be suppressed because the
officers had not informed petitioner of his
Miranda
rights. App. 110–111. The Magistrate Judge found that petitioner
made the statements in response to the officers’ “implici[t]
questions,” noting that the officers had told petitioner that the
purpose of their visit was to discuss his use and distribution of
methamphetamine.
Id., at 110. The Magistrate Judge further
recommended that portions of petitioner’s jailhouse statement be
suppressed as fruits of the prior failure to provide
Miranda warnings. App. 110–111.
The District Court suppressed the “unwarned”
statements petitioner made at his house but admitted petitioner’s
jailhouse statements pursuant to
Oregon v.
Elstad, 470 U. S. 298 (1985),
concluding petitioner had knowingly and voluntarily waived his
Miranda rights before making the statements. App.
112–115.
Following a jury trial at which petitioner’s
jailhouse statements were admitted into evidence, petitioner was
convicted of conspiring to possess with intent to distribute
methamphetamine. Petitioner appealed, arguing that his jailhouse
statements should have been suppressed as fruits of the statements
obtained at his home in violation of the Sixth Amendment. The Court
of Appeals affirmed. 285 F. 3d 721 (CA8 2002). With respect to
petitioner’s argument that the officers’ failure to administer
Miranda warnings at his home violated his Sixth Amendment
right to counsel under
Patterson,
supra, the
Court of Appeals stated: “
Patterson is not applicable here
… for the officers did not interrogate [petitioner] at his home.”
285 F. 3d, at 724. The Court of Appeals also concluded that
the statements from the jail were properly admitted under the rule
of
Elstad,
supra. 285 F. 3d, at 724
(“ ‘Though
Miranda requires that the unwarned
admission must be suppressed, the admissibility of any subsequent
statement should turn in these circumstances solely on whether it
is knowingly and voluntarily made’ ” (quoting
Elstad,
supra, at 309)).
Judge Riley filed a concurring opinion. He
concluded that during their conversation at petitioner’s home,
officers “deliberately elicited incriminating information” from
petitioner. 285 F. 3d, at 726–727. That “post-indictment
conduct outside the presence of counsel,” Judge Riley reasoned,
violated petitioner’s Sixth Amendment rights.
Id., at 727.
Judge Riley nevertheless concurred in the judgment, concluding that
the jailhouse statements were admissible under the rationale of
Elstad in light of petitioner’s knowing and voluntary
waiver of his right to counsel. 285 F. 3d, at 727.
II
The Sixth Amendment right to
counsel is triggered “at or after the time that judicial
proceedings have been initiated … ‘whether by way of formal charge,
preliminary hearing, indictment, information, or
arraignment.’ ”
Brewer v.
Williams, 430 U. S. 387, 398
(1977) (quoting
Kirby v.
Illinois, 406 U. S. 682, 689
(1972)). We have held that an accused is denied “the basic
protections” of the Sixth Amendment “when there [is] used against
him at his trial evidence of his own incriminating words, which
federal agents … deliberately elicited from him after he had been
indicted and in the absence of his counsel.”
Massiah v.
United States, 377 U. S. 201, 206
(1964); cf.
Patterson v.
Illinois, supra
(holding that the Sixth Amendment does not bar postindictment
questioning in the absence of counsel if a defendant waives the
right to counsel).
We have consistently applied the
deliberate-elicitation standard in subsequent Sixth Amendment
cases, see
United States v.
Henry, 447 U. S. 264, 270
(1980) (“The question here is whether under the facts of this case
a Government agent ‘deliberately elicited’ incriminating statements
… within the meaning of
Massiah”);
Brewer,
supra, at 399 (finding a Sixth Amendment violation where a
detective “deliberately and designedly set out to elicit
information from [the suspect]”), and we have expressly
distinguished this standard from the Fifth Amendment
custodial-interrogation standard, see
Michigan v.
Jackson, 475 U. S. 625, 632,
n. 5 (1986) (“[T]he Sixth Amendment provides a right to
counsel … even when there is no interrogation and no Fifth
Amendment applicability”);
Rhode Island v.
Innis, 446 U. S. 291, 300,
n. 4 (1980) (“The definitions of ‘interrogation’ under the
Fifth and Sixth Amendments, if indeed the term ‘interrogation’ is
even apt in the Sixth Amendment context, are not necessarily
interchangeable”); cf.
United States v.
Wade, 388 U. S. 218 (1967)
(holding that the Sixth Amendment provides the right to counsel at
a postindictment lineup even though the Fifth Amendment is not
implicated).
The Court of Appeals erred in holding that the
absence of an “interrogation” foreclosed petitioner’s claim that
the jailhouse statements should have been suppressed as fruits of
the statements taken from petitioner at his home. First, there is
no question that the officers in this case “deliberately elicited”
information from petitioner. Indeed, the officers, upon arriving at
petitioner’s house, informed him that their purpose in coming was
to discuss his involvement in the distribution of methamphetamine
and his association with certain charged co-conspirators. 285
F. 3d, at 723; App. 112. Because the ensuing discussion took
place after petitioner had been indicted, outside the presence of
counsel, and in the absence of any waiver of petitioner’s Sixth
Amendment rights, the Court of Appeals erred in holding that the
officers’ actions did not violate the Sixth Amendment standards
established in
Massiah,
supra, and its
progeny.
Second, because of its erroneous determination
that petitioner was not questioned in violation of Sixth Amendment
standards, the Court of Appeals improperly conducted its “fruits”
analysis under the Fifth Amendment. Specifically, it applied
Elstad, supra, to hold that the admissibility of
the jailhouse statements turns solely on whether the statements
were “ ‘knowingly and voluntarily made.’ ” 285
F. 3d, at 724 (quoting
Elstad,
supra, at
309). The Court of Appeals did not reach the question whether the
Sixth Amendment requires suppression of petitioner’s jailhouse
statements on the ground that they were the fruits of previous
questioning conducted in violation of the Sixth Amendment
deliberate-elicitation standard. We have not had occasion to decide
whether the rationale of
Elstad applies when a suspect
makes incriminating statements after a knowing and voluntary waiver
of his right to counsel notwithstanding earlier police questioning
in violation of Sixth Amendment standards. We therefore remand to
the Court of Appeals to address this issue in the first
instance.
Accordingly, the judgment of the Court of
Appeals is reversed, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
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