Criminal,
Constitutional Law
Aug. 11, 2025
Court upholds jail sting despite advice against seeking counsel
California's 4th District upheld an undercover jail operation where agents discouraged a murder suspect from seeking counsel, sparking defense concerns the ruling stretches Illinois v. Perkins beyond intended constitutional boundaries.
Despite relying on 35 years of case law allowing undercover officers to question unrepresented, uncharged suspects, a 4th District Court of Appeal may have gone too far, some defense attorneys say, by ruling that such Perkins operations are still OK when the police dissuade the target from consulting an attorney.
"The facts of this case are unique in that the agents repeatedly told appellant it was not in his best interest to request an attorney. As a result, the fa...
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