People v. Webb

In People v. Webb (1993) 6 Cal.4th 494, the defendant's girlfriend contacted an investigator about the defendant's possible involvement in two murders. She agreed to tape record telephone conversations with the defendant and to elicit information about the crimes. During some of those conversations, the girlfriend prompted the defendant to make incriminating statements. (Id. at pp. 524-525.) The California Supreme Court rejected the defendant's claim that admission of the incriminating recordings violated Miranda. (Id. at pp. 525-526.) The court explained: "statements defendant made to the girlfriend over the jail telephone were not the product of 'custodial interrogation.' Defendant sensed that the telephones available to inmates were 'bugged,' but he did not know the girlfriend was cooperating with law enforcement and recording their conversations. From defendant's perspective, he was talking with a friend and lover. 'Miranda forbids coercion, not mere strategic deception by taking advantage of a suspect's misplaced trust in one he supposes to be a fellow prisoner' or ally. Under the circumstances, defendant's tape-recorded statements were completely voluntary and compulsion-free. The trial court correctly denied defendant's motion to exclude this evidence under the Fifth Amendment." (People v. Webb, supra, 6 Cal.4th at p. 526.)