How have courts interpreted the Miranda rights of an undercover agent?

California, United States of America


The following excerpt is from People v. Elias V. (In re Elias V.), 188 Cal.Rptr.3d 202, 237 Cal.App.4th 568 (Cal. App. 2015):

Illinois v. Perkins (1990) 496 U.S. 292, 110 S.Ct. 2394, 110 L.Ed.2d 243, which respondent relies upon for the point that police use of deception is not necessarily coercive, involved neither a juvenile nor an interrogation: The defendant's statements were made to an undercover agent posing as a fellow jail inmate. The court held that the premise of Miranda was that the danger of coercion results from the interaction of custody and official interrogation and [t]he essential ingredients of a police-dominated atmosphere and compulsion

[188 Cal.Rptr.3d 224]

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