Okay for Prosecutor to Ask Defendant’s Daughter to Elicit Confession
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The assistant district attorney arranged for a criminal defendant's daughter to visit his cell in the absence of his counsel and urge him to confess. The ADA could reasonably have believed that his conduct was not illegal, since prior law forbade deputizing private citizens to elicit information from criminal defendants, but he arguably did not deputize the daughter because he didn't initiate the visit, tell the daughter what to ask, or promise her anything in return. See: Franklin v. Fox, 107 F.Supp.2d 1154 (N.D.Cal. 2000).