People v. Perkins

The issue presented in this appeal is whether a defendant who is in jail for an offense for which he has asserted his fifth amendment right to counsel can be surreptitiously questioned by undercover agents regarding a second, unrelated offense. We hold that under the circumstances and facts of this case, the surreptitious questioning by undercover government agents violated defendant’s fifth amendment privilege against self-incrimination. U.S. Const., amend. V.

On Saturday, March 30, 1986, defendant was arrested for aggravated battery. While in jail over the weekend, an undercover law…