Answer
B. The confession can be used, because Alvarado was not in custody.
Step-by-step explanation
In criminal law, confession is a statement in which a person acknowledges that he is guilty of committing one or more crimes. If voluntarily given it is admissible as evidence in a criminal prosecution. The trial judges will determine the issues connected and its voluntary state. The confession could be admitted into evidence if the judge determines that it was made voluntarily.