Was this conversation proper

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Question: You and your partner are transporting an in-custody defendant, who is charged with murder of his missing girlfriend. The body has never been recovered. Trial is pending. The Defendant has plead not guilty and is represented by an attorney. The Defendant has refused to provide any previous statements to investigators.

During the long drive, the Defendant is in the back seat and clearly able to hear and participate in any discussions.

You and your partner engage a conversation about how the family of the missing girl would be at peace to discover the body of their missing loved one.

The conversation creates a tremendous amount of guilt on the Defendant and he confesses to killing and burying the body. He provides details on where the police can recover the buried body.

Was this conversation proper? Can the statement and resulting evidence be used in the upcoming criminal trial. Why or why not? Discuss.

Reference no: EM133260755

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