Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback
Undercover questioning of incarcerated suspect is not custodial interrogation
Leading case
Illinois v. Perkins, 496 U.S. 292 (1990)
How courts have described it
relying on Hoffa in holding the Miranda rule did not require suppression of an inmate confession given an agent posing as a fellow prisoner
Ferguson v. City of Charleston, 532 U.S. 67 (2001)
holding that an undercover officer need not give a Miranda warning to an incarcerated suspect because there is no custodial interrogation from an undercover officer
United States v. Johnson, 619 F.3d 910 (8th Cir. 2010)
holding that an incarcerated suspect who made incriminating statements to an undercover law enforcement officer posing as a fellow inmate was not subjected to a custodial interrogation
Sowards v. City of Milpitas, 251 F. App'x 402 (9th Cir. 2007)
holding that Miranda warnings are not required where an undercover officer is acting as a prisoner for the purpose of acquiring information from other incarcerated inmates
N.C. v. Commonwealth, 396 S.W.3d 852 (Ky. 2013)
holding confession to undercover agent posing as cellmate did not implicate Miranda
State of Iowa v. Jesse John Pearson, 804 N.W.2d 260 (Iowa 2011)
holding Miranda warnings not required when suspect is unaware he is speaking to law enforcement officer and gives a voluntary statement
State v. Griffin, 866 P.2d 1156 (N.M. 1993)
holding the essential ingredients of a police-dominated, coercive atmosphere are not present when an incarcerated person speaks freely to an undercover officer whom he believes to be a fellow inmate
State v. Sprouse, 478 S.E.2d 871 (S.C. Ct. App. 1996)
Related doctrines
- Cessation of interrogation upon invocation of Miranda rights
- Miranda 'interrogation' — the reasonably-likely-to-elicit standard
About this page
The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.