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Melthor is falsely imprisoned in a private home by his neighbor, Fred, who suspects Melthor of a hit and run incident that resulted in Fred's
Melthor is falsely imprisoned in a private home by his neighbor, Fred, who suspects Melthor of a hit and run incident that resulted in Fred's daughter being hospitalized with critical injuries. Fred is not working with the police, state, or government in any way. During his confinement, Fred interrogates Melthor about the hit and run accident. After 12 hours of interrogation, Melthor confesses that he did, in fact, hit Fred's daughter with his car and then flee. Melthor is later arrested based on evidence other than and separate from the statements he made to Fred. Nevertheless, the forced confession that Fred elicited from Melthor is presented in court by the prosecution. Melthor's lawyer argues that the confession should be excluded from evidence under the Fifth Amendment. Should the court exclude Melthor's forced confession to Fred at Melthor's criminal trial for the hit and run incident? Group of answer choices Yes, because the Fifth Amendment protects against self-incrimination, regardless of the interrogator's identity Yes. But only if Fred was not acting under the direction of the police. Yes. Because even though Fred is not the police, the length of the false imprisonment and interrogation makes Melthor's statements presumptively unreliable. No, unless Fred was acting under the direction of the police
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