1. This case presents the question whether a Sixth Amendment violation occurs when the prosecution intentionally and unjustifiably intrudes upon a defendant's attorney-client communications. This Court's precedents, particularly its decision in Weatherford v. Bursey, 429 U.S. 545 (1977), suggest that the answer is yes. The courts of appeals are in conflict, however, over whether a defendant must make some further showing of prejudice, and what such a showing should entail.

Whether the Sixth Amendment prohibits prosecutorial intrusion into attorney-client communications without requiring a showing of discrete, trial-specific prejudice