Does an undercover officer who poses as a fellow inmate need to give a Miranda warning to an inmate before asking questions that may elicit incriminating statements from the suspect?

California, United States of America


The following excerpt is from People v. Nieves, 2d Crim. No. B268349 (Cal. App. 2017):

Illinois v. Perkins (1990) 496 U.S. 292 (Perkins) holds that "an undercover law enforcement officer posing as a fellow inmate need not give Miranda warnings to an incarcerated suspect before asking questions that may elicit an incriminating response." (Id., at p. 300.) Using an undercover officer to elicit incriminating statements from a suspect does not violate the suspect's privilege against self-incrimination, the Perkins majority held, because the "essential ingredients of a 'police-dominated atmosphere' and compulsion are not present when an incarcerated person speaks freely to someone [whom] he believes to be a fellow inmate." (Id., at p. 296.)

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