Do You Use Perkins Operations? Know the Rules. Read More About This Recent Ruling on Agents Eliciting Evidence in a Jail Cell

Pressed for Time  

Just the Facts: In an unpublished decision, the court upheld the legality of putting four undercover agents into a jail cell with a murder suspect (referred to as a Perkins operation, citing Illinois v. Perkins (1990) 496 U.S. 292.) The agents, in a 3½ hour discussion with the defendant described by the court as “friendly and casual,” and after encouraging him not to invoke his right to counsel, suggested that he instead waive his rights, talk with investigators when questioned, and claim self-defense. The defendant followed the agents’ guidance when interviewed by detectives. At the defendant’s subsequent murder trial, the recordings of both the jail cell discussion with the undercover agents and the defendant’s interview by investigators were admitted into evidence over his objection, putting him at the scene of the murder and identifying him as the shooter. After noting that the undercover agents’ discussion with the defendant was neither threatening nor intimidating, the court rejected the defendant’s argument that his due process rights had been violated by this tactic. The court therefore upheld the use of a Perkins operation based upon the theory that there was no evidence of coercion. 

Legal Issues and Case Citation 

The issue of voluntariness ....