Can a defendant's involuntary confession be used as evidence at trial?

California, United States of America


The following excerpt is from People v. Salome, D074447 (Cal. App. 2018):

" 'Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial.' " (People v. Wall (2017) 3 Cal.5th 1048, 1065 (Wall); see People v. McCurdy (2014) 59 Cal.4th 1063, 1086 [noting the " 'due process clause of the Fourteenth Amendment precludes the admission of any involuntary statement obtained from a criminal suspect through state compulsion' "].) "A confession is involuntary if the ' " 'influences brought to bear upon the accused were

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"such as to overbear petitioner's will to resist and bring about confessions not freely self-determined." ' " ' " (Wall, at pp. 1065-1066.) "However, 'no single factor is dispositive in determining voluntariness . . . rather[,] courts consider the totality of the circumstances.' " (Id. at p. 1066; see People v. Linton (2013) 56 Cal.4th 1146, 1176 [same].)

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