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Once the suspect is "the accused," and the right to counsel has been attached, the suspect cannot be interrogated by any means, including by undercover officers or secretive means. Only when the suspect openly volunteers information and waives a lawyer, can information after he is "the accused" be used against him or her. This even applies when a suspect is out of jail on bail awaiting trial. These methods cannot be used to obtain additional evidence, or the Sixth Amendment will be violated, and the evidence will not hold up in court. In addition, officers must know the suspect's condition and status at all times, and if they do not, they must assume the suspect falls under Sixth Amendment rights.
Obviously, there are several precautions necessary when dealing with the thorny problems of the Sixth Amendment. Officers must be constantly aware of the suspect's rights, and of the moment when the suspect becomes "the accused," as so attaches to the Sixth Amendment. Officers must take extreme precautions to administer Miranda, admit an attorney, and make absolutely sure a suspect has indeed fully waived his right to counsel when questioning any suspect. It must be remembered that interrogation and the Sixth Amendment is just one aspect of the Amendment. Its' purpose is to guarantee a fair and speedy trial for all accused, and following the Sixth Amendment to the letter helps this goal. This, law enforcement...
The Supreme Court notes, "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him"
Gardner 397). Moreover, if the suspect's attorney-client privacy is disturbed, this is also a violation of the Amendment, and precaution must be taken by law enforcement officers not to disparage or denigrate the suspect's legal representative, or the Sixth Amendment may be violated.
In conclusion, it is clear the Sixth Amendment is complicated, but it must be followed completely to ensure that a suspect's information and questioning is admissible when the case goes to court. Not complying with the Sixth Amendment can cause many problems for officers, and so, it must be fully understood and implemented by any officer who has contact with suspects during their arrest and interrogation. If not, the evidence obtained may be worthless, and the suspect will go free, often to commit more crimes.
References
Chapter 9. "Interrogation and the 6th Amendment."
Gardner, Martin R. "The Sixth Amendment Right to Counsel and Its Underlying Values: Defining the Scope of Privacy Protection." Journal of Criminal Law and Criminology 90.2 (2000): 397.
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