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22 May, 08:03

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. His confession is:

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  1. 22 May, 08:22
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    Admissible as a voluntary statement when the subject was neither in custody nor interrogated for purposes of Miranda

    Explanation:

    In US law, the Miranda warning refers to a statement that must be giving by law enforcement officers whenever a subject is put into custody, letting them know that they have a right to remain silent. This is in order to protect the suspect from forced self-incrimination, as established in the Fifth Amendment. Failure to remind the suspect of their Miranda rights means that any information disclosed by the suspect can't be admissible in a court of law. However, in our case, the suspect walked in voluntarily and confessed to the crime out of his own volition and without any coercion from us. This statement is admissible, as it was provided by the suspect without him being in custody or under interrogation, so you didn't have to recite the Miranda warning to him.
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