illinois perkins argued february decided june police placed undercover agent parisi jail cellblock respondent perkins incarcerated charges unrelated murder parisi investigating parisi asked ever killed anybody perkins made statements implicating murder charged murder trial granted respondent motion suppress statements ground parisi given warnings required miranda arizona conversations appellate illinois affirmed holding miranda prohibits undercover contacts incarcerated suspects reasonably likely elicit incriminating response held undercover law enforcement officer posing fellow inmate need give miranda warnings incarcerated suspect asking questions may elicit incriminating response miranda doctrine must enforced strictly situations concerns underlying decision present concerns implicated since essential ingredients atmosphere compulsion lacking miranda premise danger coercion results interaction custody official interrogation whereby suspect may feel compelled speak fear reprisal remaining silent hope lenient treatment confess coercive atmosphere present incarcerated person speaks freely someone believes fellow inmate assumes officer official power circumstances miranda forbid mere strategic deception taking advantage suspect misplaced trust difference case hoffa upheld placing undercover agent near suspect order gather incriminating information perkins incarcerated detention however whether crime question warrant presumption use undercover agent renders involuntary incarcerated suspect resulting confession mathis held inmate statements known agent inadmissible miranda warnings given distinguishable suspect know speaking government agent reason assume possibility coercion massiah similar cases held government may use undercover agent circumvent sixth amendment right counsel suspect charged inapplicable since murder charges filed time interrogation also unavailing perkins argument rule application miranda desirable since law enforcement officers little difficulty applying holding case pp app reversed remanded kennedy delivered opinion rehnquist white blackmun stevens scalia joined brennan filed opinion concurring judgment post marshall filed dissenting opinion post marcia friedl assistant attorney general illinois argued cause petitioner briefs neil hartigan attorney general robert ruiz solicitor general terence madsen jack donatelli assistant attorneys general paul larkin argued cause amicus curiae urging reversal brief solicitor general starr assistant attorney general dennis deputy solicitor general bryson dan evers appointment argued cause respondent brief daniel kirwan briefs amici curiae urging reversal filed americans effective law enforcement et al gregory evans daniel hales george webster jack yelverton fred inbau wayne schmidt bernard farber james manak lincoln legal foundation et al joseph morris donald bernardi fred foreman daniel harrod jack yelverton john powell william rubenstein harvey grossman filed brief american civil liberties union et al amici curiae urging affirmance justice kennedy delivered opinion undercover government agent placed cell respondent perkins incarcerated charges unrelated subject agent investigation respondent made statements implicated crime agent sought solve respondent claims statements inadmissible given miranda warnings agent hold statements admissible miranda warnings required suspect unaware speaking law enforcement officer gives voluntary statement november richard stephenson murdered suburb east louis illinois murder remained unsolved march one donald charlton told police learned homicide fellow inmate graham correctional facility charlton serving sentence burglary fellow inmate lloyd perkins respondent charlton told police graham befriended respondent told detail murder respondent committed east louis hearing charlton account police recognized details stephenson murder well known treated charlton story credible one time police heard charlton account respondent released graham police traced jail montgomery county illinois held pending trial charge aggravated battery unrelated stephenson murder police wanted investigate respondent connection stephenson murder feared use eavesdropping device prove impracticable unsafe decided instead place undercover agent cellblock respondent charlton plan charlton undercover agent john parisi pose escapees work release program arrested course burglary parisi charlton instructed engage respondent casual conversation report anything said stephenson murder parisi using alias vito bianco charlton clothed jail garb placed cellblock respondent montgomery county jail cellblock consisted separate cells opened onto common room respondent greeted charlton brief conversation respondent introduced parisi alias parisi told respondent going time suggested three escape respondent replied montgomery county jail break trio met respondent cell later evening inmates asleep refine plan respondent said girlfriend smuggle pistol charlton said hey murderer burglar guys profession telling charlton responsible murder occurred parisi asked respondent ever done anybody respondent said proceeded describe length events stephenson murder parisi respondent engaged casual conversation respondent went sleep parisi give respondent miranda warnings conversations respondent charged stephenson murder trial moved suppress statements made parisi jail trial granted motion suppress state appealed appellate illinois affirmed app holding miranda arizona prohibits undercover contacts incarcerated suspects reasonably likely elicit incriminating response granted certiorari decide whether undercover law enforcement officer must give miranda warnings incarcerated suspect asking questions may elicit incriminating response reverse ii miranda arizona supra held fifth amendment privilege prohibits admitting statements given suspect custodial interrogation without prior warning custodial interrogation means questioning initiated law enforcement officers person taken custody warning mandated miranda meant preserve privilege incommunicado interrogation individuals atmosphere atmosphere said generate inherently compelling pressures work undermine individual resist compel speak otherwise freely fidelity doctrine announced miranda requires enforced strictly types situations concerns powered decision implicated berkemer mccarty conversations suspects undercover agents implicate concerns underlying miranda essential ingredients atmosphere compulsion present incarcerated person speaks freely someone believes fellow inmate coercion determined perspective suspect rhode island innis berkemer mccarty supra suspect considers company cellmates officers coercive atmosphere lacking miranda principal psychological factor contributing successful interrogation privacy alone person interrogation empirical basis assumption suspect speaking assumes officers feel compelled speak fear reprisal remaining silent hope lenient treatment confess premise miranda danger coercion results interaction custody official interrogation reject argument miranda warnings required whenever suspect custody technical sense converses someone happens government agent questioning captors appear control suspect fate may create mutually reinforcing pressures assumed weaken suspect suspect know conversing government agent pressures exist state mistakenly assumed suspect custody undercover questioning take place suspect reason think listeners official power assumed words motivated reaction expects listeners hen agent carries neither badge gun wears police blue prison gray suspect interplay police interrogation police custody kamisar brewer williams massiah miranda interrogation matter geo miranda forbids coercion mere strategic deception taking advantage suspect misplaced trust one supposes fellow prisoner recognized miranda confessions remain proper element law enforcement statement given freely voluntarily without compelling influences course admissible evidence ploys mislead suspect lull false sense security rise level compulsion coercion speak within miranda concerns cf oregon mathiason per curiam moran burbine police fail inform suspect attorney efforts reach neither miranda fifth amendment requires suppression prearraignment confession voluntary waiver miranda meant protect suspects boasting criminal activities front persons believe cellmates case illustrative respondent reason feel undercover agent parisi legal authority force answer questions parisi affect respondent future treatment respondent viewed equal showed hint intimidated atmosphere jail recounting details stephenson murder respondent motivated solely desire impress fellow inmates spoke peril tactic employed elicit voluntary confession suspect violate clause held hoffa placing undercover agent near suspect order gather incriminating information permissible fifth amendment hoffa petitioner hoffa trial met often one partin unbeknownst hoffa cooperating law enforcement officials partin reported officials hoffa divulged attempts bribe jury members approved using hoffa statements subsequent trial jury tampering rationale claim ha made hoffa incriminating statements product sort coercion legal factual addition found fact partin fooled hoffa thinking partin sympathetic colleague affect voluntariness statements ibid cf oregon mathiason supra officer falsely telling suspect suspect fingerprints found crime scene render interview custodial miranda frazier cupp procunier atchley difference case hoffa suspect incarcerated detention whether crime question warrant presumption use undercover agent speak incarcerated suspect makes confession thus obtained involuntary decision mathis distinguishable mathis inmate state prison interviewed internal revenue service agent possible tax violations miranda warning given questioning held suspect incriminating statements admissible subsequent trial tax fraud charges suspect mathis aware agent government official investigating possibility noncompliance tax laws case us different suspect know speaking government agent reason assume possibility suspect might feel coerced bare fact custody may every instance require warning even suspect aware speaking official occasion explore issue sixth amendment decisions massiah henry maine moulton also avail respondent held cases government may use undercover agent circumvent sixth amendment right counsel suspect charged crime charges filed sixth amendment prevents government interfering accused right counsel moulton supra instant case charges filed subject interrogation sixth amendment precedents applicable respondent seek help argument rule application miranda desirable law enforcement officers little difficulty putting practice holding undercover agents need give miranda warnings incarcerated suspects use undercover agents recognized law enforcement technique often employed prison context detect violence correctional officials inmates well purposes served interests protected miranda implicated cases warnings required safeguard constitutional rights inmates make voluntary statements undercover agents hold undercover law enforcement officer posing fellow inmate need give miranda warnings incarcerated suspect asking questions may elicit incriminating response statements issue case voluntary federal obstacle admissibility trial reverse remand proceedings inconsistent opinion ordered holds miranda arizona require suppression statement made incarcerated suspect undercover agent although subscribe majority characterization miranda entirety agree suspect know questioner police agent questioning amount interrogation inherently coercive environment require application miranda since issue raised stage litigation applicability miranda concur judgment say believe constitution condones method police extracted confession case contrary deception manipulation practiced respondent raise substantial claim confession obtained violation due process clause recently stated miller fenton long held certain interrogation techniques either isolation applied unique characteristics particular suspect offensive civilized system justice must condemned due process clause fourteenth amendment although decisions framed legal inquiry variety different ways usually convenient shorthand asking whether confession involuntary blackburn alabama analysis consistently animated view accusatorial inquisitorial system rogers richmond accordingly tactics eliciting inculpatory statements must fall within broad constitutional boundaries imposed fourteenth amendment guarantee fundamental fairness method used elicit confession case deserves close scrutiny police devised ruse lure respondent incriminating jail unrelated charge police agent posing fellow inmate proposing sham escape plot tricked respondent confessing committed murder way proving willing need arise escape testimony undercover officer police informant suppression hearing reveal deliberate manner two elicited incriminating statements respondent see app recognized mere fact custody imposes pressures accused confinement may bring play subtle influences make particularly susceptible ploys undercover government agents henry justice marshall points pressures custody make suspect likely confide others engage jailhouse bravado see post state unique position exploit vulnerability virtually complete control suspect environment thus state ensure suspect barraged questions undercover agent suspect confesses cf mincey arizona ashcraft tennessee testimony case suggests state deliberate use deception manipulation police appears incompatible system presumes innocence assures conviction secured inquisitorial means miller supra raises serious concerns respondent overborne open lower remand determine whether totality circumstances respondent confession elicited manner violated due process clause confession elicited means physical torture see brown mississippi overt psychological pressure see payne arkansas end inquiry law enforcement officers become responsible methods used extract confessions sophisticated duty enforce federal constitutional protections cease becomes difficult delicate judgments made spano supra case comes us involves question whether miranda applies questioning incarcerated suspect undercover agent nothing opinion suggests respondent previously invoked fifth amendment right counsel right silence statements admissible respondent invoked either right inquiry focus whether subsequently waived particular right see edwards arizona michigan mosley made clear moran burbine waiver miranda rights must voluntary sense must product free deliberate choice rather intimidation coercion deception emphasis added since respondent custody unrelated charge questioned may able challenge admission statements previously invoked miranda rights respect charge see arizona roberson mosley supra similarly respondent formally charged unrelated charge invoked sixth amendment right counsel may sixth amendment challenge admissibility statements see michigan jackson cf roberson supra justice marshall dissenting clearly simply stated holding miranda arizona prosecution may use statements whether exculpatory inculpatory stemming custodial interrogation defendant unless demonstrates use procedural safeguards effective secure privilege conditions require police apprise defendant constitutional rights custodial interrogation conducted agent police present case lloyd perkins received miranda warnings subjected custodial interrogation confession admissible reaches contrary conclusion fashioning exception miranda rule applies whenever undercover law enforcement officer posing fellow inmate ask questions may elicit incriminating response incarcerated suspect ante exception inconsistent rationale supporting miranda allows police officers intentionally take advantage suspects unaware constitutional rights therefore dissent dispute police officer conducted custodial interrogation criminal suspect perkins incarcerated county jail questioning issue circumstances custody term defined miranda mathis holding defendant incarcerated charges different crime questioned custody purposes miranda argues perkins custody purpose miranda familiar custodial environment result jail two days previously spending time prison brief amicus curiae perkins familiarity confinement however transform incarceration sort noncustodial arrangement cf orozco texas holding suspect arrested home questioned bedroom custody notwithstanding familiarity surroundings perkins confined undercover police officer help police informant questioned serious crime although dispute perkins interrogated downplays nature questioning disingenuously referring conversatio ante officer narration conversation perkins suppression hearing however reveals clearly interrogation agent ever anyone perkins yeah east louis rich white neighborhood informant know rich white neighborhoods east louis perkins east louis race track fairview heights agent guy fairview heights perkins yeah rich white section houses look informant houses look know right house perkins two guys cased house week knew exactly house second house left corner agent long ago happen perkins approximately two years ago got paid job agent go perkins walked guy house trench coat agent type gun perkins gauge remmington sic automatic model app perkins interrogated police custody miranda required officer inform rights rejecting conclusion finds conversations undercover agents suspects devoid coercion inherent station house interrogations conducted law enforcement officials openly represent state ante miranda however concerned solely police coercion dealt police tactics may operate compel suspect custody make incriminating statements without full awareness constitutional rights see miranda supra referring inherent pressures interrogation atmosphere estelle smith purpose miranda admonitions combat saw inherently compelling pressures work person provide awareness fifth amendment privilege consequences forgoing quoting miranda thus law enforcement agent structures custodial interrogation suspect feels compelled reveal incriminating information must inform suspect constitutional rights give opportunity decide whether talk compulsion proscribed miranda includes deception police see miranda supra indicting police tactics induce confession trickery using fictitious witnesses false accusations berkemer mccarty purposes safeguards prescribed miranda ensure police coerce trick captive suspects confessing emphasis deleted added cf moran burbine relinquishment right protected miranda warnings must voluntary sense product free deliberate choice rather intimidation coercion deception emphasis added although find trickery sufficient constitute compulsion hoffa defendant case custody perkins however interrogated incarcerated acknowledged sixth amendment context mere fact custody imposes pressures accused confinement may bring play subtle influences make particularly susceptible ploys undercover government agents henry see also massiah holding context sixth amendment defendant constitutional privilege seriously imposed upon even know interrogation government agent citation internal quotation marks omitted custody works state advantage obtaining incriminating information psychological pressures inherent confinement increase suspect anxiety making likely seek relief talking others dix undercover investigations police rulemaking texas rev see also gibbs first cut deepest psychological breakdown survival detention setting pains imprisonment johnson toch eds environmental sanctuaries susceptible prisoners pains imprisonment supra chicago tribune apr prosecutors found prisoners often talk freely fellow inmates inmate thus susceptible efforts undercover agents elicit information similarly suspect incarcerated constant threat physical danger peculiar prison environment may make demonstrate toughness inmates recounting inventing past violent acts suspect ability select people confide completely within control police unique opportunity exploit suspect vulnerability short police insure pressures confinement lead suspect confide anyone police agent omitted white police trickery inducing confessions rev case police deceptively took advantage perkins psychological vulnerability including sham escape plot situation feel compelled demonstrate willingness shoot prison guard revealing past involvement murder see app agent stressed killing might necessary escape asked perkins ever murdered someone thus pressures unique custody allow police use deceptive interrogation tactics compel suspect make incriminating statement compulsion eliminated suspect ignorance interrogator true identity therefore need inquire past bare facts custody interrogation determine whether miranda warnings required adoption exception miranda doctrine incompatible principle consistently applied doctrine remain simple clear see miranda supra noting one reason certiorari granted give concrete constitutional guidelines law enforcement agencies courts follow mccarty supra noting one principal advantages miranda doctrine clarity rule arizona roberson see also new york quarles recognizing need clarity miranda doctrine finding narrow public safety exception significantly lessen clarity easy police apply explained benefits rule fare michael miranda holding virtue informing police prosecutors specificity may conducting custodial interrogation informing courts circumstances statements obtained interrogation admissible holding today complicates previously clear straightforward doctrine opines aw enforcement officers little difficulty putting practice holding undercover agents need give miranda warnings incarcerated suspects ante perhaps prediction true respect fact patterns virtually identical one today outer boundaries exception created means clear miranda violated instance undercover police officer beat confession suspect suspect thought officer another prisoner wanted information purposes even miranda interpreted permit obviously compelled confessions ramifications today opinion still disturbing exception carved miranda doctrine today may well result proliferation departmental policies encourage police officers conduct interrogations confined suspects undercover agents thereby circumventing need administer miranda warnings indeed miranda requires police officer issue warnings situations suspect might feel compelled speak fear reprisal remaining silent hope lenient treatment confess ante presumably allows custodial interrogation undercover officer posing member clergy suspect defense attorney although abhorrent tricks play suspect need confide trusted adviser neither cause suspect think listeners official power ante adoption undercover agent exception miranda rule thus necessarily also adoption substantial loophole jurisprudence protecting suspects fifth amendment rights dissent