This question should be answered in CREA format (Conclusion, Rule, Explanation, Application). Please include all relevant keywords, terms, and phrases when discussing each topic.
While cruising down a street in the downtown area of Braxton at 9 p.m. on Wednesday, Officer Bentley noticed a man strutting down the street singing. As the man came under a streetlight, Bentley recognized him as Ferraro, a convicted felon on parole from a neighboring city. Bentley got out, stood in front of Ferraro, and asked him to explain what he was doing here. Ferraro replied, “I’m Mel Gibson, you dope…get out of my way or my huge, muscular bodyguards will gun you down,” and reached into his coat pocket to bring something out, which he held in a clenched fist. Bentley forced Ferraros’ hand open and found a number of white diamond encrusted bracelets therein. Just then the police radio in Bentley’s car announced that the burglar alarm of Braxton’s Fine Jewelry had rung in Police Headquarters. Believing that Ferraro was responsible for burglarizing the jewelry store, Officer Bentley arrested him and took him to the police station where he was booked and fingerprinted. After he was given his Miranda warnings, Ferraro requested that he wanted to speak to Malsbury, his attorney. Officer Bentley led Ferraro to a telephone and asked him if he knew Malsbury’s telephone number. Ferraro responded, “Yes, it’s 555-8125.” Bentley dialed the number and waited until a voice answered, “Law offices”. The officer then handed to telephone receiver to Ferraro. As Bentley was walking out of the room, he heard Ferraro say, “Hello, Malsbury, its me Ferraro. I just got arrested after robbing Braxton’s Fine Jewelry.”
At trial, Officer Bentley is called to testify to what Ferraro told Malsbury during their telephone conversation. Upon proper objection by Ferraros’ attorney, Bentley’s proposed testimony should be:
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Consider the context of Ferraro’s statement to his attorney which was overheard by Officer Bentley. Was this statement a product of the custodial interrogation of Ferraro or offered voluntarily?