Jim Is Indicted

Multiple Choice

Jim is indicted. Before he is arrested, he confesses to the crime in a conversation with Kelly, the arresting officer. Kelly then arrests Jim and advises him of the right to counsel. Jim waives the right and repeats his confession. Later, Jim claims that his initial statement should be excluded as evidence from his trial. Under the ruling in Case 9.2, Fellers v. United States, the statement will most likely be

A) admitted because Jim knew he did the crime and confessed.
B) admitted because Jim repeated it after being advised of his rights.
C) excluded because a confession is not admissible in a criminal trial.
D) excluded because it was elicited before Jim was advised of his rights.