Illinois v. Perkins

Illinois v. Perkins
Argued February 20, 1990
Decided June 4, 1990
Full case nameIllinois v. Perkins
Docket no.88-1972
Citations496 U.S. 292 (more)
ArgumentOral argument
Case history
Priormotion to suppress granted April 1987, affirmed, People v. Perkins, 531 NE 2d 141 (1988), cert. granted, 493 U. S. 808 (1989)
Subsequentmotion to suppress granted on other grounds, 207 Ill.App.3d 1124, affirmed, People v. Perkins, 618 NE 2d 1275 (1993), rehearing denied September 1993, ibid.
Holding
Statements made by an incarcerated suspect to an undercover police agent are admissible as evidence, notwithstanding that the suspect was not given a Miranda warning, when the suspect did not know they were speaking to the police.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityKennedy, joined by Rehnquist, White, Blackmun, Stevens, O'Connor, Scalia
ConcurrenceBrennan
DissentMarshall
Laws applied
U.S. Const. amend. V

Illinois v. Perkins, 496 U.S. 292 (1990),[1] was a decision by the United States Supreme Court that held that undercover police agents did not need to give Miranda warnings when talking to suspects in jail.[2] Miranda warnings, named after the 1966 Supreme Court case Miranda v. Arizona, are generally required when police interrogate suspects in custody in order to protect the right not to self-incriminate and the right to counsel under the Fifth and Sixth Amendments.[3] However, the Court ruled that potential coercion must be evaluated from the suspect's point of view, and if they are unaware that they are speaking to police, they are not under the coercive pressure of a normal interrogation.[4]

  1. ^ Illinois v. Perkins, 496 US 292 (1990)
  2. ^ "Illinois v. Perkins". Oyez. Retrieved June 30, 2021.
  3. ^ Glennon, Charles E.; Shah-Mirani, Tayebe (Spring 1990). "Illinois v. Perkins: Approving the Use of Police Trickery in Prison to Circumvent Miranda". Loyola University Chicago Law Journal. 21: 811–830. Retrieved June 30, 2021.
  4. ^ "Illinois v. Perkins | Casebrief for Law School". LexisNexis. Retrieved June 30, 2021.

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