More on Prolonged Detentions and Miranda Questions Over Statements Made to an Undercover Officer

• Questions asked during a lawful traffic stop during the normal time it takes to issue a citation do not unlawfully prolong the traffic stop. Placing an undercover police officer in a suspect’s jail cell to record the suspect’s incriminating statements is lawful. 
• Prolonged detentions during a traffic stop 
• Undercover police officer placed in a jail cell with a defendant 
• Statements made to an undercover police officer and the lack of coerciveness 

A traffic stop is not unlawfully prolonged as long as the officer diligently pursues the purpose of the stop. An officer asking questions unrelated to the purpose of the stop while also pursuing information relevant to the stop is not illegal. An undercover law enforcement officer posing as a fellow inmate need not give Miranda warnings to an incarcerated suspect before asking questions, even if that suspect had earlier invoked his right to the assistance of counsel. This is because when a jail inmate is talking to an undercover officer, there is no coerciveness involved. (But see note below.)

Defendant Jason Felix was suspected of having murdered two individuals, in Montebello (Ricardo Mota, March 27, 2017) and in San Fernando (Jorge Gonzalez-Ortega, June 15, 2017), who were suspected of dealing drugs. Felix subsequently fled the state and was stopped in Utah on June 17 by Sgt. Charles Taylor, 23-year veteran with the Utah Highway Patrol, for failing to slow down as he passed the officer’s patrol car on eastbound I-70, a violation of Utah’s “slow down” law. The dashcam video from Sgt. Taylor’s patrol vehicle recorded the encounter beginning with Felix driving by his parked patrol vehicle and including the contact eventually leading to Felix’s arrest.  

As later testified to by Sgt. Taylor in a Los Angeles courtroom, while writing him a warning for the violation, Felix consented in writing to a search of his vehicle. The search resulted in the discovery of 10 taped packages of methamphetamine (5.4 kgs), a .22-caliber handgun, magazine and ammunition and two cellphones.  

Felix was arrested and held in custody until interviewed by detectives Michael Valento and Amber Montenegro of the San Fernando Police ....