Illinois v. Perkins

496 U.S. 292 (1990)

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Nature of the Case

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Facts

Charlton informed police that while incarcerated with Perkins (D) in another prison, D had implicated himself in the Stephenson murder. This murder was unrelated to the one for which D was serving time. The police placed Charlton and Parisi, an undercover agent, in the same cellblock with D with instructions to engage D in casual conversation and to report any incriminating statements concerning the murder. Charlton introduced Parisi to D. Parisi subsequently suggested an escape attempt. While planning the escape, Parisi told Charlton that he would be responsible for killing anyone that might prevent the prison break. Parisi asked D if he had ever 'done” anybody. D replied in the affirmative and began to describe the murder and his involvement. The trial court suppressed the statements made to Parisi in jail. The Appellate Court of Illinois affirmed, holding that Miranda prohibited all undercover contacts with incarcerated suspects which are reasonably likely to elicit an incriminating response. The State (P) appealed.