Question
After about 10 minutes of questioning, one individual suddenly confesses to the crime. Although stunned, the police charge her with the crime. The case hadn't
After about 10 minutes of questioning, one individual suddenly confesses to the crime. Although stunned, the police charge her with the crime. The case hadn't moved to the custodial interrogation stage, so the witness had not received any Miranda warnings. A preliminary hearing is held to determine the validity of her confession. You are the judge in the preliminary hearing. Do you rule that the confession was constitutional?
A) You rule that the confession is inadmissible. The police should have known that the atmosphere and the location constituted the custodial interrogation, and she should have been read her rights prior to leaving the safety of the general area of the police station.
B) You rule that the confession is admissible. There was no need to read the suspect Miranda warnings as she wasn't being detained as a suspect. The case moves forward to trial.
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