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Massiah (D) was indicted on several federal narcotics violations and conspiracy to possess narcotics aboard a United States vessel. He retained a lawyer, pled not guilty, and was released on bail. A co-defendant, Colson, also retained a lawyer, pled not guilty, and was released on bail. Colson then invited D to discuss the pending case in Colson's car, parked on a city street. Unknown to D, Colson had agreed to cooperate with federal agents in the ongoing investigation. A radio transmitter was placed under the seat in Colson's car, enabling a nearby federal agent to hear and record the conversation between the two defendants. During the conversation, D made several damaging admissions. Based on these admissions, D was convicted of several narcotics offenses. D's convictions were affirmed by the U.S. Court of Appeals. D appealed.

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