Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the case even if the defendant requested council - the idea here is, confessions cannot be forced when a defendant believes he is under the duress of police custody; if he does not believe he is being forced to talk or threatened to talk, there can be no duress, so the evidence is admissible.
And the officer can testify to what the defendant said, but it has to be in the form of exceptions to hearsay evidence. As he would be testifying to matters for the truth of the matter asserted, they have to meet hearsay exceptions - the most important one here would be admissions of a party opponent.
If the defendant were to admit something to the officers in the jail cell, then it can be considered nonhearsay - not an exception in this case - and be admitted and survive upon appeal to the supreme court.
If the evidence does not qualify for a hearsay exception, then it can still be used, but only to impeach or for other purposes and not for the truth of the matter asserted at trial.
4) In this case, the illegal questioning of the defendant would preclude usage of the evidence. The cops questioned the defendant when he could reasonably be considered under arrest - i.e., not free...
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