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Question
You are the on-duty desk sergeant. A man walks in and says "I killed someone and want to confess." You grab your digital voice recorder and direct the man to a chair at your desk. He sits down and tells the tale of what turns out to be a first-degree murder. You record every word, including the numerous instances in which you said "Uh huh" and "I see." Satisfied that the subject did, indeed, commit a murder, you place him under arrest. The confession is:a. inadmissible because recording it was a violation of the subject's reasonable expectation of privacy.
b. inadmissible because the subject was in a coercive environment (police station), was therefore in custody for purposes of Miranda, and the encouragement to continue was interrogation.
c. admissible under the "public safety" exception to Miranda as the subject was a danger to the officer and public.
d. admissible as a voluntary statement when the subject was neither in custody nor interrogated for purposes of Miranda.
Answer
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