In Massiah v. United States, 377 U.S. 201, 202-203, 12 L. Ed. 2d 246, 84 S. Ct. 1199 (1964) a co-defendant agreed to cooperate with the government and consented to the installation of a surreptitious listening device in his automobile. This cooperation occurred without the defendant's knowledge, and the co-defendant later engaged the defendant in a lengthy conversation that was secretly recorded. Id. The Supreme Court held that this procedure violated the defendant's Sixth Amendment right to counsel because "federal agents had deliberately elicited" the incriminating statements after the defendant had been indicted and in the absence of counsel. Id. at 206. Massiah did not discuss why the co-defendant was considered a government agent - perhaps because his status was obvious or because federal law enforcement officers were involved in the surveillance.