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Question

Case 12.3
Police investigated a suspicious fire case and possible arson of a local deli, which has gone unsolved for over three months. Atlas Insurance Company is conducting its own investigation into the insurance claim due to a change in the level of coverage four months prior to the fire. Two neighboring shop owners report to an insurance company investigator that the deli owner, Robert, had been complaining for months about losing money and had said that if business didn't pick up he would burn the place down. Then, on two occasions since the fire, he had bragged how he got himself a brand new store and a fresh start with just a well-placed cigarette and extra insurance.

The insurance company investigator also interviews Robert concerning the business, the fire and his financials. Suspecting that Robert was involved in the fire, the insurance investigator provides police with her investigative findings and the statements provided to her. Police find several inconsistencies in Robert's various accounts.

Robert is brought into police headquarters and interviewed by detectives regarding the arson of his commercial property. He is provided his Miranda warning and then asked to recount his previous statements at the scene regarding the fire and his whereabouts that night. Police confront Robert with inaccuracies between his statements. Police then confront him with the statements he made to the other shop owners and other corroborating evidence. Robert then requests an attorney and stops answering questions. Robert is charged with arson and insurance fraud.

Can police use Robert's statements made to the insurance company investigation even though he was not provided with his Miranda warning prior to questioning by the investigator?
a. No, as this would violate the applicant's Fifth Amendment rights.
b. Yes, because the Fifth Amendment protects citizens from improper government actions but the insurance investigator is not an agent of the government
c. No, because the insurance investigator is soliciting incriminating statements fromthe accused.
d. Yes, but only if the insurance investigator signs an affidavit attesting to his having made the incriminating statements.

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