People v. OrozcoAnnotate this Case
A suspect's invocation of his right to counsel under Miranda v. Arizona does not preclude the admission of a confession a suspect subsequently makes to a person he is unaware is functioning as an agent of law enforcement. Continued questioning of a suspect after invocation of the Miranda right to counsel does not automatically taint any subsequent confession. In this case, defendant struck his six month old daughter so hard that he killed her. Although he denied killing her to officers, he later confessed to his girlfriend, the mother of the child.
The Court of Appeal held that law enforcement officers' deliberate circumvention of Miranda's protections by disregarding defendant's requests for counsel and orchestrating the monitored conversation between defendant and his girlfriend did not violate due process. The court also held that law enforcement does not violate due process by informing a suspect of the likely consequences of the suspected crimes or of pointing out the benefits that are likely to flow from cooperating with an investigation.