Does a confession follow coercive conduct by the police?

California, United States of America


The following excerpt is from People v. King, 82 Cal. App. 4th 1363, 99 Cal.Rptr.2d 220 (Cal. App. 2000):

8. We agree with appellant that where, as here, a confession follows coercive conduct by the police, it is necessary to look beyond the question of whether appellant himself initiated the March 7 contact with the police. (See People v. Montano, supra, 226 Cal.App.3d at pp. 932-934.)

9. People v. Montano is also distinguishable because the appellant in that case was a hung over 18-year old illegal immigrant who apparently never before had been interrogated and who was questioned throughout the night following his arrest. His repeated assertions that he did not want to talk were ignored by the police, until he finally made admissions tantamount to a confession. Although the defendant himself initiated a second contact with the police, he did so only a few hours later, before he could have received much rest, and he did so on the reasonable belief that he already had in effect admitted to the crime.

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