[Facts] After Able was arrested in connection with a breakin…
After Able was arrested in connection with a breaking and entering, the police obtained evidence suggesting that he might be responsible for the murder of a woman earlier that year. That same evening, unknown to Able, his sister, who was unaware that Able was then under suspicion for murder, telephoned the Public Defender’s Office to obtain legal assistance for her brother on the burglary charge. At 8:15 p.m., an Assistant Public Defender telephoned the police and stated that she would act as Able’s counsel if the police intended to question him and was informed that he would not be questioned further until the next day. The attorney was not informed that Able was a murder suspect. Less than an hour later, the police began a series of interviews with Able, giving him Miranda warnings before each session and obtaining three signed waivers from him prior to eliciting three signed statements admitting to the murder. At all relevant times Able was unaware of his sister’s efforts to retain counsel and of the attorney’s telephone call, but at no time did he request an attorney.If Able’s attorney seeks to have the signed statements made by Able excluded a court is most likely to: