1. Can a court, consistent with Wolfle and its progeny, utilize the "reasonable expectation of privacy" doctrine to defeat the marital communications privilege where the conversation between a party and her spouse was "intended to be confidential"?

2. Does self-initiated third-party questioning aimed at getting a suspect "to tell the truth," surreptitiously recorded by the police, constitute the "functional equivalent" of an un-Mirandized interrogation, as set forth in Arizona v. Mauro, 481 U.S. 520 (1987), and Rhode Island v. Innis, 446 U.S. 291 (1980), in violation of the Fifth and Fourteenth Amendments?

Whether the marital communications privilege can be defeated by the 'reasonable expectation of privacy' doctrine