Zapata

I. INTRODUCTION

During what is commonly known as a Perkins operation, Jason Johnomar Zapata admitted to two undercover officers that he murdered

Justin Triplett. 1 A jury who heard a recording of Zapata’s confession convicted Zapata of second degree murder. On appeal, Zapata argues the

trial court’s admission of his statements violated Miranda 2 because he previously invoked his right to an attorney, he did not waive that right when he spoke with the undercover agents, and the involvement of a known law enforcement officer transformed the operation into a custodial interrogation. We agree. 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. Because the admission of Zapata’s statements was prejudicial, we reverse and remand for further proceedings.

II. BACKGROUND

A. Perkins Operation Justin Tripplett was killed on September 22, 2014. Suspecting Zapata as the perpetrator, a Riverside County Sherriff’s deputy orchestrated a Perkins operation approximately one year…