Jim is indicted. Before he is arrested, he confesses to the crime in a conversation with Kelly, the arresting officer. Kelly then arrests Jim and advises him of the right to counsel. Jim waives the right and repeats his confession. Later, Jim claims that his initial statement should be excluded as evidence from his trial. Under the ruling in Case 9.2, Fellers v. United States, the statement will most likely be

Question

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Under the ruling in Case 9.2, Fellers v. United States, statements obtained before a suspect is advised of their Miranda rights are generally inadmissible as evidence in criminal trials. Therefore, Jim's initial statement to Kelly should be excluded from his trial. While Jim repeated his confession after being advised of his rights, his initial statement still should not be used as evidence.

Jim Is Indicted