The following facts were established during a hearing in a criminal case:
- John was arrested for robbery of a convenience store.
- Immediately upon arrest John was advised of his Miranda rights-the right to remain silent and the right to an attorney.
- John was booked into the county jail.
- John was charged at an arraignment held the day after his arrest.
- After a bail hearing, John was released on $30,000 bail.
- An undercover police officer, wearing a “wire,” met John at a bar.
- The officer deliberately began talking about robberies in town.
- During the conversation John admitted that he robbed the convenience store.
- The prosecutor wants to use the tape recording of John’s “confession” at trial.
Under the Sixth Amendment, a defendant’s statement is not admissible if (1) the defendant has been charged or indicted, (2) the police “deliberately elicited” an incriminating statement, (3) the statement was related to the charge or indictment, and (4) the defendant’s counsel was not present when the statement was elicited. If John later claimed the statement at the bar violated his Sixth Amendment rights, what other fact or facts must John prove?
