Answer to Question 1
A confession will be thrown out, as was the decision in Miranda v. Arizona, if a suspect's incriminating statement is a result of custodial interrogation in which the suspect was not advised of his or her constitutional right to have counsel present. Before custodial interrogation can commence, suspects must be advised of their so-called Miranda rights.
Answer to Question 2
Generally speaking, a confession obtained in violation of Miranda or some constitutional provision will be excluded. However, just because a confession is obtained illegally does not mean that any subsequently obtained evidence will automatically be excluded. In fact, illegally obtained statements are themselves considered admissible in certain instances. There are essentially three lines of cases involving confessions and the exclusionary rule: (1) cases involving the standing of a party to challenge a confession, (2) cases where the prosecution seek to use a confession for impeachment, and (3) cases where a defendant seeks to exclude evidence that is fruit of the poisonous tree.
