California Legal Brief

The Rule of People v. Ramadhan is that statements made by a defendant to an undercover agent in a Perkins operation are admissible even after the defendant invokes the right to counsel, under circumstances where the known law enforcement officer does not participate in or stimulate the conversation after the defendant's invocation of Miranda rights.

The Rule of The People v. Zapata is that when a suspect invokes and does not waive the right to counsel, and a known law enforcement officer continues to "stimulate" a Perkins operation in a manner that amounts to a custodial interrogation, the suspect's resulting incriminating statements are inadmissible, under circumstances where the known officer's actions were reasonably likely to elicit an incriminating response and created a police-dominated atmosphere of compulsion.