The defendant, who was charged with a robbery and murder, was placed in a jail cell with a police informant . The informant overheard the defendant make incriminating statements that he passed on to the police.
1. Can the informant appear as a witness and testify about the statements he heard if he took no action other thatn merely listening to what the defendant had to say?
2. Should the evidence of the defendant’s statement be admissable if there was a prior arrangement with the police to put the informant in a position where he could overhear the defendant’s statements?
3. If the informant “deliberately elicited” the statements from the defendant by questions and conversation, should the evidence be admissable? Explain