A Perkins operation and the use of undercover agents Miranda and an in-custody suspect’s invocation of the right to an attorney

By Robert Phillips 

Deputy District Attorney (ret.) 

Legal Concepts and Case Citation

• A Perkins operation and the use of undercover agents
• Miranda and an in-custody suspect’s invocation of the right to an attorney

Rule:

Law enforcement’s use of a Perkins operation, where undercover agents initiate an incriminating conversation with an in-custody suspect, is lawful despite the suspect’s express invocation of his right to counsel. An exception to this rule is when the known investigator stimulates the suspect’s continued conversation with the undercover agent.

One-Minute Summary:

Obaida Saad Ramadhan, 18, was convicted of second-degree murder after confessing to an undercover cellmate, even after he asked for an attorney under Miranda. The Fourth District Court of Appeal affirmed the conviction, ruling that unlike a precedent case where investigators actively stimulated discussion, officers here did not prompt the conversation, making the statements admissible under a lawful Perkins operation.

Detailed Case Review and Legal Analysis:

Obaida Saad Ramadhan 18 years old in Aug. 2022. One evening, he approached a group of people hanging out in a parking lot drinking beer and smoking. The group included Jasiah White, White’s brother and several others. Ramadhan was wearing a gray hoodie with the hood up and his hands tucked into the front pocket. White’s brother suspected Ramadhan may have been carrying a gun. Suddenly, those present and other nearby witnesses heard gunshots. White, holding his stomach, was shot and later died. Ramadhan fled the scene.

Witnesses testified that they observed someone wearing a gray hoodie over his head running from the scene. One witness even recorded a video of the a person wearing a gray hoodie fleeing the scene. Police recovered five 9mm casings at the scene, all fired from the same firearm. Swabs taken from the casings contained insufficient DNA to complete testing, and no latent fingerprints were recovered. No firearm was found.

The day after the shooting, a social media post circulated depicting Ramadhan with a caption saying “heard it was him.” One of ....