Multistate Bar Examination Practice Question

A defendant is charged with a felony. While in police custody, the defendant was questioned by officers and confessed. However, the officers did not inform the defendant of their right to refuse to answer questions or to have legal assistance during the questioning. At trial, the defendant seeks to suppress the confession. What is the BEST reason the defendant's confession is inadmissible?

  • The defendant was not told that all statements made during questioning could potentially be used against them at trial.

  • The confession was not supported by any additional evidence tying the defendant to the crime.

  • The confession was obtained after asking several leading questions during custody.

  • The defendant was not informed of their rights to remain silent and to consult with an attorney during questioning.

Multistate Bar Examination
Criminal Law and Procedure
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