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Self-Incrimination, Compulsion, And The Undercover Agent—Illinois V. Perkins, 110 S. Ct. 2394 (1990), Kathryn Young-Sook Kim
Self-Incrimination, Compulsion, And The Undercover Agent—Illinois V. Perkins, 110 S. Ct. 2394 (1990), Kathryn Young-Sook Kim
Washington Law Review
As a rule, police officers must advise suspects held in custody of their rights before interrogating them. In Illinois v. Perkins, the Supreme Court created an undercover agent exception to this rule. The Perkins Court concluded that the rule does not apply because undercover interrogations do not compel criminal defendants to incriminate themselves. This Note examines the impact of the Perkins exception and concludes that the rule should apply even when undercover agents conduct the inherently compelling custodial interrogation.
Search And Seizure, Third-Part Consent: Rethinking Police Conduct And The Fourth Amendment, Gregory S. Fisher
Search And Seizure, Third-Part Consent: Rethinking Police Conduct And The Fourth Amendment, Gregory S. Fisher
Washington Law Review
Two recent decisions offer different approaches for assessing police conduct in third-party consent cases. In Illinois v. Rodriguez the United States Supreme Court held that police may rely on third parties' apparent authority to consent to a search so long as police reasonably believe in third parties' authority. In State v. Leach, the Supreme Court of Washington held that police cannot rely on third parties' consent when defendants are present and able to object, even if defendants did not object to the search. This Comment argues that courts should focus on police conduct, rather than on defendants' presence or on …