Police were investigating a shooting death outside a cafe in Dallas, Texas. Defendant Ortez had left the scene of the shooting and had returned to his boardinghouse to sleep. At about 4 a.m. four police officers arrived at the petitioner's boardinghouse, were admitted by an unidentified woman, and were told that the petitioner was asleep in the bedroom. All four officers entered the bedroom and began to question the petitioner. From the moment he gave his name, according to the testimony of one of the officers, the petitioner was not free to go where he pleased but was "under arrest." The officers asked him if he had been to the El Farleto restaurant that night; when he answered yes, he was asked if he owned a pistol. The petitioner admitted to owning one. After being asked a second time where the pistol was located, he admitted that it was in the washing machine in a backroom of the boardinghouse. Ballistics tests indicated that the gun found in the washing machine was the gun that fired the fatal shot.
- Should statements of the defendant be admitted as evidence? Explain your answer.
- Should the gun be admitted as evidence? Explain your answer.