EVEN AFTER DEMAND FOR COUNSEL, IT’S OK TO PLANT AN OFFICER IN THE DEFENDANT’S CELL
In Perkins (496 US 292) the US Supreme Court held that when the police put a plant in the cell with the defendant to get a confession, the plant doesn’t have to give Miranda warnings. This defendant directly asserted his right to counsel. The police stopped interrogating him, but put him in a cell with an undercover officer, and that officer elicited admissions the DA was permitted to introduce at trial. The incriminating statements he freely made to someone he believed to be a fellow inmate were properly admitted.”
People v. Felix; B317938; 3/7/24; C/A 2nd, Div. 8
