Dirk broke into Vera's house one night. As he started to stuff silverware into a sack, he was surprised by Vera, who had arrived home earlier than usual. Dirk struck Vera on the head with a candlestick and tied her up. He finished filling his sack and left. The police discovered Vera several hours later and rushed her to the hospital. Dirk was apprehended by the police early the following morning with the loot still in his possession. He was taken to police headquarters, given Miranda warnings, and asked if he wished to make a statement about the prior evening's events. The police did not mention that Vera had been seriously injured and was in the hospital. Dirk said he understood his rights and was willing to talk. He then admitted that he committed the burglary of Vera's house. The following day, Vera died from injuries caused by the blow to her head. If, at Dirk's trial for murder, Dirk moves to prevent introduction of the confession into evidence, his motion should most probably be
denied, because failure of the police to advise Dirk of Vera's condition was harmless error since felony murder does not require intent to kill or injure.  denied, because Dirk's waiver of his rights did not depend upon the nature of the charges that were later filed against him.  granted, because Dirk could not make a knowing and intelligent waiver unless he had information concerning Vera's condition.  granted, because the use of a confession to burglary in a prosecution for murder violates due process where the police withheld information about the potential seriousness of the offense
Question: Dirk broke into Vera's house one night. As he started to stuff silverware into a sack, he was surprised by Vera, who had arrived home earlier than usual. Dirk struck Vera on the head with a candlestick and tied her up. He finished filling his sack and left. The police discovered Vera several hours later and rushed her to the hospital. Dirk was apprehended by the police early the following morning with the loot still in his possession. He was taken to police headquarters, given Miranda warnings, and asked if he wished to make a statement about the prior evening's events. The police did not mention that Vera had been seriously injured and was in the hospital. Dirk said he understood his rights and was willing to talk. He then admitted that he committed the burglary of Vera's house. The following day, Vera died from injuries caused by the blow to her head. If, at Dirk's trial for murder, Dirk moves to prevent introduction of the confession into evidence, his motion should most probably be
A. denied, because failure of the police to advise Dirk of Vera's condition was harmless error since felony murder does not require intent to kill or injure. 
B. denied, because Dirk's waiver of his rights did not depend upon the nature of the charges that were later filed against him. 
C. granted, because Dirk could not make a knowing and intelligent waiver unless he had information concerning Vera's condition. 
D. granted, because the use of a confession to burglary in a prosecution for murder violates due process where the police withheld information about the potential seriousness of the offense
Answer: