In Illinois v. Perkins, the United States Supreme Court held that an undercover police officer need not give Miranda warnings before questioning an incarcerated suspect. In doing so, the Court found that the interests protected by Miranda are not implicated when a suspect does not know the identity of his interrogator. This Note analyzes the Court's reasoning in light of the concerns that motivated the Miranda Court. The analysis reveals that the Perkins reflects the Court's propensity to undermine the Miranda. Unlike other Supreme Court cases creating exceptions to Miranda, Perkins permits deliberate police deception in obtaining an unwarned confession from an incarcerated suspect. In conclusion, the Court opened the door to abuse of fifth amendment protections against self-incrimination and such abuses may only be limited by the Due Process Clause of the fourteenth amendment.
Illinois v. Perkins,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol27/iss4/9