IL Bar Practice Questions - Illinois Bar Examination Exam

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A suspect in custody is interrogated by police without being advised of his right to remain silent and right to counsel. He confesses. The prosecution seeks to admit the confession in its case-in-chief. What is the result?

The confession is admissible because it was voluntary The confession is inadmissible only if the suspect was physically coerced The confession is admissible because Miranda applies only at trial The confession is inadmissible in the case-in-chief because of a Miranda violation

Correct Answer:

The confession is inadmissible in the case-in-chief because of a Miranda violation

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