Question #4:A man walks into a precinct and walks up to the desk. He announces to the officers, I just murdered my wife. A detective is called over and s/he asks the defendant, Would you mind coming upstairs and talk about this for a little while? The man says, Not at all! and follows the detective up the stairs. Once they sit at a desk, the detective does not handcuff the man nor block his exit.Does the detective have to give him his Miranda warnings?Can s/he continue to question him?Is the initial statement admissible? How about subsequent statements under these circumstances?(Based on how others have responded to this, let me say that you can assume his wife is really dead, the police find her body without his help, and he is not crazy!)

In this case the detective does not have to give this individual his Miranda Warnings. If an individual isnt formally in police custody, and you arent being interrogated, the police dont have to give you a Miranda warning. Until the suspect is in police custody or the suspect is under interrogation anything he says to the detective at this time can be used as evidence against him in court. Based upon the police officers find his wifes body, and him admitting to the crime his initial statement when entering the precinct I just murdered my wife is admissible. Upon this the detective may in fact continue to question this individual, if the individual agrees to answer, which in this case I believe his is. After all of this and the police discovering his wifes body he would be placed under arrest and read his Miranda Rights.