American law is considered a living law because:
a. it can change as society changes.
b. it can never be rescinded or cancelled.
c. once a law is passed, it stands forever.
d. there are no constraints on its application or interpretation.
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.