This situation came up in a current TV series. A woman admits to her teenage daughter that she killed a man. Unknown to both of them, the daughter has been going out with an undercover cop who is investigating
the murder. This brings up a couple of questions.
1) If the daughter admits to the cop (who she doesn't know is a cop)
that her mother killed the man, is such hearsay evidence even remotely admissible in court? Assume the cop is secretly recording the girl.
Would it make any difference if the girl knows it's a cop and
voluntarily gives him the information (effectively making a statement to
the police)? I'm thinking because it's hearsay, it wouldn't be
admissible in either case.
2) If the cop, either before or after the daughter makes the admission, plants a legally authorized wiretap on her and she goes home and the
mother admits on the wire that she killed the man, is that admissible?
In this case it's not hearsay, since you'd have the mother's own words,
but it's also not under oath and sometimes people say things they don't really mean. But more importantly, what about her fifth amendment rights against self-incrimination?
One other note: William Kunstler appears as Himself. He was an
American lawyer and civil rights activist, known for defending the
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