Rizzo was in custody serving time in state prison for drug sales.

Rizzo was in custody serving time in state prison for drug sales. The police suspected that Rizzo was also responsible for the murder of Lilly White, an unsolved and unrelated case of homicide. As part of the police investigation into White’s murder, Officer Norman went undercover, assuming the role of another prison inmate and was placed in the same cell as Rizzo. Officer Norman lied to Rizzo by convincingly pretending to be a fellow inmate.

One day, Officer Norman began questioning Rizzo, asking him if he ever “did anybody.” “You know,” he said “have you ever offed a person?” Rizzo then began to tell Officer Norman all the details of how he killed Lilly White.

Which of the following statements is true:

1) 

Rizzo’s statements are inadmissible in the absence of a Miranda admonition because he was in-custody and he was being questioned by a police officer.

2) 

Rizzo’s statements are admissible because the requirements of Miranda would not apply where a suspect is unaware that he is speaking to a law enforcement officer and gives a voluntary statement.

3) 

Rizzo’s statements are inadmissible because they were taken in violation of the due process clause, that is, through clear deception and lying by the police.

4) 

Rizzo’s statements were taken in violation of his right to counsel since he was already in prison on another case.