California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

Fifth Amendment

1 opinion tagged “Fifth Amendment”

P. v. Zapata 2/10/26 CA4/1

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.