After arresting a suspect for burglary, police officers learned that the suspect's nickname was "Butch." A confidential informant had previously told them that someone named "Butch" was guilty of an unsolved murder in another city. The police in the other city were informed about this coincidence and they sent officers to question the suspect about the murder.
Meanwhile, the suspect's sister secured the services of a lawyer to represent her brother on the burglary charge. Neither she nor the lawyer knew about the suspicions concerning the unsolved murder case. The lawyer telephoned the police station and said she would come to the station to be present if the police wished to question her client. The lawyer was told that the police would not question him until the following morning and she could come to the station at that time.
Meanwhile, the police from the other city arrived and initiated the first of a series of evening questioning sessions with the suspect. The suspect was not informed that his sister had obtained the services of a lawyer to represent him. The suspect was not told that the lawyer had called the police and asked to be present during any questioning. During questioning: the suspect was informed of his Miranda rights, waived his right to be represented by counsel during questioning, and subsequently confessed to the murder.
1. If you were the defense attorney, what arguments would you make to have the confession excluded from evidence?
2. If you were the judge, would you permit the confession to be used in evidence? Provide reasons for your decision.