
In the unpublished Second District Court of Appeal (Div. 4) decision of People v. Rivera (Aug. 19, 2022) 2022 Cal. App. Unpub. LEXIS 5130—a double homicide case—the Court rejected the defendant gangster Miguel Rivera’s objections to the admissibility of some incriminating statements he made during what the Court referred to as a “Perkins operation.” (A “Perkins operation” [citing Illinois v. Perkins (1990) 496 U.S. 292.], is where an undercover operative is put into a defendant’s jail cell [pre-filing of a complaint] for the purpose of encouraging the defendant to make incriminating statements. In the Rivera case, after the in-custody defendant Rivera initially waived his Miranda rights (per Miranda v. Arizona (1966) 384 U.S. 436.), he later—mid-interrogation—invoked his rights to counsel and to remain ....