Illinois v. Perkins

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Oral Argument

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Advocates

Dan W. Evers (By appointment of the Court, argued the cause for the respondent)

Marcia L. Friedl (Argued the cause for the petitioner)

Paul J. Larkin, Jr. (Argued the cause for the United States as amicus curiae urging reversal)

Case Basics

Docket No.:

88-1972

Petitioner:

Illinois

Respondent:

Perkins

Decided By:

Rehnquist Court (1988-1990)

Opinion:

496 U.S. 292 (1990)

Argued:

Tuesday, February 20, 1990

Decided:

Monday, June 4, 1990

Issues:

Criminal Procedure, Miranda Warnings

Cite this page

The Oyez Project, Illinois v. Perkins , 496 U.S. 292 (1990)
available at: (http://oyez.org/cases/1980-1989/1989/1989_88_1972)

Facts of the Case:

While being held in jail, Perkins freely confessed to committing a murder to an undercover police officer who was posing as another inmate.

Question:

Did the undercover police officer violate the accused's Miranda rights as protected by the Fifth and Fourteenth Amendments?

Conclusion:

The Court held that conversations between suspects and undercover officers are not afforded Miranda protection since they are not done in a "police-dominated atmosphere" where compulsion to confess is present. "It is the premise of Miranda that the danger of coercion results from the interaction of custody and official interrogation," argued Justice Kennedy. There was no danger of coercion in this case.

Decisions

Decision: 8 votes for Illinois, 1 vote(s) against
Legal provision: Miranda Warnings

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