You decide to write SGT Tango's statement for him.
Which of the following
statements would you use in describing Tango's activities?
On 7 Dec XX, SGT Tango spent the night with a friend, one SFC Alfa.
I spent the night of 7 Dec XX with an old friend, SFC Alfa.
SGT Tango, on 7 Dec XX, spent the night with a friend.
According to SGT Tango, he and SFC Alfa were together all night Sat, 7
You have obtained SGT Tango's statement and have checked his
alibi for the night in question.
You are not convinced that SGT Tango did not
commit the larceny. Approximately a day later you were sitting at your desk trying
to decide where to check next in the larceny case, when a worker from the
maintenance yard came into the office. He sat down next to your desk and told you
that he had some important evidence on the larceny.
You started to ask him his
name when he blurted out that he committed the crime and didn't know why he did it,
and that he has never been in trouble before; then he started to cry. You finally
got him to stop crying, gave him a cup of coffee, and took him to the interrogation
You found out that his name was Charlie Foxtrot, a civilian worker in the
maintenance yard, 39 years old, single, and with an IQ approximately 85. He lives
in the city adjacent to Fort Blank, and has worked for the Army for 10 years. He
has no criminal record.
What is the status of Foxtrot's confession to the crime given to your prior
to a warning or waiver?
It would be admissible evidence in any trial.
It could only be used as admissible evidence in a trial by court-
It would not be admissible evidence in a trial since he was not warned
of his rights.
It would not be admissible evidence in a trial, because it is hearsay