Does 'deliberate elicitation' for purposes of Massiah v. United States occur only in cases where the government has expressly directed its informant to seek out and obtain incriminating statements from a post-indictment criminal defendant, or may courts find a Massiah violation in the absence of express direction in cases where the government has otherwise intentionally created a situation likely to, and which does, produce incriminating statements?

QUESTION PRESENTED Does ‘deliberate elicitation’ for purposes of Massiah v. United States, 377 U.S. 201 (1964), occur only in cases where the government has expressly directed its informant to seek out and obtain incriminating statements from a post-indictment criminal defendant, or may courts find a Massiah violation in the absence of express direction in cases where the government has otherwise intentionally created a situation likely to, and which does, produce incriminating statements? ii