Does an undercover officer posing as a fellow inmate need to provide a Miranda warning to a suspect?

California, United States of America


The following excerpt is from The People v. Flint, B205374, No. NA071779 (Cal. App. 2010):

Flint acknowledges that "[c]onversations between suspects and undercover agents do not implicate the concerns underlying Miranda.'" (Illinois v. Perkins (1990) 496 U.S. 292, 296 [110 S.Ct. 2394, 110 L.Ed.2d 243] [undercover officer posing as a fellow inmate need not provide Miranda warnings before asking questions likely to elicit an incriminating response].) This is because "[t]he essential ingredients of a 'policedominated atmosphere' and compulsion are not present when an incarcerated person speaks freely to someone whom he believes to be a fellow inmate." (Ibid.; see also People v. Williams (1988) 44 Cal.3d 1127, 1142 ["When a defendant talks to a fellow inmate, the coercive atmosphere of custodial police interrogation is absent"].)

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