A complainant who telephones an accused at police instance is an 'agent of the State' under the Swaffield/Broyles framework, but a recorded conversation will not be excluded where the complainant's tone is plaintive rather than overbearing, the accused is mature and self-possessed, and the accused could have withdrawn from the conversation at any time. The character of the exchange — including the relative maturity and emotional state of the participants — is critical to determining whether admissions were 'elicited' or naturally forthcoming.
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