- Say a mentally incompetent person is questioned and :
a> Spontaneously confesses to something even before the Miranda rights are read.
b> Confesses to something after the Miranda rights are read (assumingly waving the rights)
Later suppose the attorney establishes that the person is mentally incompetent (and does not understand what it means to implicate oneself), is evidence obtained either by a or b above automatically suppressed ?
- If police suspect mental incompetency in anyway, are they required to stop questioning a suspect ?