The correct answer is A) He was not in custody at the time of the confession.
The Court allowed Alvarado’s confession to be used as evidence because he was not in custody at the time of the confession.
The attorney of Alvarado asked the judge to throw out the confession because his Miranda rights had not been read. But what happened was that the judge refused to grant the request because Alvarado’s confession was not in custody at the time of the confession. Because that confession, Alvarado was convicted of second-degree murder.
