If a suspect has unwarned but uncoercive questioning, what is true about their ability to waive Miranda rights subsequently?

• A. They cannot waive rights
• B. They must always be given warnings again
• C. They cannot confess
• D. They are not disabled from waiving their Miranda rights and confessing

Answer: (D)

The key idea is that a person’s ability to waive Miranda rights depends on a knowing and voluntary waiver after warnings are given. If a suspect is questioned without warnings but not coerced, that initial questioning doesn’t permanently prevent them from waiving rights later. Once police properly warn rights and the suspect consciously and knowingly waives them, a subsequent confession can be admissible. The unwarned questioning may render that first set of statements inadmissible, but it does not disable the suspect from making a valid waiver and confessing in a later, properly warned interrogation.