Also known as: public agents · government agent
Written by attorneys · grounded in primary & secondary sources — see below
A person who acts on behalf of a governmental entity in an official capacity. The designation covers law enforcement officers and other officials whose conduct is attributable to the state for constitutional and procedural purposes. Statements made to such an agent in response to interrogation are subject to mandatory disclosure when the government intends to use them at trial.
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Philip Powell was questioned in a conference room by a federal fraud investigator who identified himself at the outset. Powell gave a detailed oral explanation of his deposit practices. The prosecutor later plans to have the investigator testify about that explanation at trial. Because the defendant knew the questioner was a government agent and the government intends to use the statement, the rule requires disclosure of its substance upon request.
Paige Porter, a state university official, was sued for alleged tortious acts committed while carrying out campus housing policies. The court held that the Eleventh Amendment protects the state itself but does not automatically shield the individual officer when the claim seeks relief against the officer personally for exceeding lawful authority.
Pearl Porter, a state prosecutor, directed an investigation that resulted in charges against a defendant. The defendant argued that the prosecutor's actions violated due process because they exceeded constitutional bounds on governmental authority. The court examined whether the conduct of the public agent remained within the limits imposed by the Constitution on state action.
Pierre Poulin was indicted and placed in a holding cell with another detainee. Investigators had recruited the detainee and directed him to ask specific questions about the charged arson. Because the detainee was acting as a government agent deliberately eliciting statements after adversary proceedings had begun, the Sixth Amendment barred use of the resulting statements without counsel present.
Pablo Perez operated a business subject to OSHA inspections. A federal agent arrived without a warrant and demanded entry to search for violations. The court held that the Fourth Amendment protects against warrantless searches by government agents even in a regulatory context unless an exception applies.
Phuong Pham gave statements to federal agents during an interview that was later ruled to violate Miranda. At trial the government sought to use those statements only to impeach inconsistent testimony. The court permitted the use for impeachment because the statements were not obtained through coercion that would render them unreliable for that limited purpose.
The government must disclose the substance of any relevant oral statement made by the defendant before or after arrest in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial. This obligation arises upon the defendant's request under the applicable discovery rule.
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The Sixth Amendment prohibits deliberate elicitation of incriminating statements by a government agent after adversary proceedings have begun without counsel or waiver. Passive listening by a cooperating inmate who was instructed only to keep his ears open does not violate the right to counsel.
…unless Fulminante confessed. Our cases have made clear that a finding of coercion need not depend upon actual violence by a government agent;[^maj-4] a credible threat is sufficient. As we have said, "coercion can be mental as well as physical, and . . . the blood of the accused is not the only hallmark of an unconstitutional…
…to protect the rights of individuals and minorities, as well against the power of numbers, as against the violence of public agents
…in his bedroom by four police officers); Mathis v. United States , 391 U. S. 1, 2-3 (1968) (defendant questioned by a Government agent
…from suit is a high attribute of sovereignty — a prerogative of the State itself — which cannot be availed of by
…without authorization of a judge. Id. , Government Exhibit 1. It further asked petitioner to affirm that he was not a
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Once a suspect invokes the right to counsel, authorities may not initiate further custodial interrogation about any offense through a government agent unless the suspect initiates contact or counsel is present. Continuous custody requires suppression of statements obtained in violation of that rule.
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The discovery obligation for oral statements made to a known government agent turns on the defendant's request, the responsive nature of the statement, and the government's intent to use it at trial. The presence of counsel does not remove the duty to disclose the substance of the statement.
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