Was Vue's Statement admissible?

Question

A high school liaison officer approached two males walking back and forth in front of the school, asked them to identify themselves, and asked them what they were doing in the area. One identified himself as Pha Vue. The officer recognized Vue's name because the County Sheriff's Department had issued a warrant for Vue for attempted murder. He then arrested Vue. While being transported to the county jail, Vue refused to answer any questions posed by investigator Ronald Smith. Two weeks later Vue was transported from the county jail to the Green Bay Police Department to be fingerprinted and photographed. While waiting for the pictures to be developed, Smith told Vue that he did not want to ask him any questions. Vue was there only for the photo and ID processing. Vue then asked Smith about the length of time he was facing if convicted. Smith stated that it was "something like 90 to 100 years." Vue then stated, "That's if you have any witnesses, right?" Vue had not been given his Miranda warning.
What will be an ideal response?

Answer 1

Yes
Vue clearly invoked his right to remain silent. Vue's statement, however, was a spontaneous, volunteered statement. The statement was not given as an answer to a question by the police. Smith had specifically told Vue that he did not want to ask him any questions. Smith told Vue that he was there only for the photo and ID processing. Vue asked Smith about the length of time he was facing. Smith told him. Vue's statement was in response to Smith's answer. This statement is admissible under Miranda for two reasons. First, as Miranda points out, "volunteered statements of any kind are not barred by the Fifth Amendment." Second, Miranda does not apply to all statements resulting from police contact, but only those statements resulting from a custodial interrogation of a defendant. Here, the defendant was in custody when he made the statement at issue, but there was no interrogation by the police. Nor were there "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." Rhode Island v. Innis (1980).