Is a statement obtained by a police officer from a criminal suspect involuntary?

California, United States of America


The following excerpt is from People v. K.M. (In re K.M.), H040059 (Cal. App. 2014):

However, " '[i]t long has been held that the due process clause of the Fourteenth Amendment to the United States Constitution makes inadmissible any involuntary statement obtained by a law enforcement officer from a criminal suspect by coercion. [Citations.] A statement is involuntary [citation] when, among other circumstances, it "was ' "extracted by any sort of threats . . . , [or] obtained by any direct or implied promises, however slight . . . ." ' " [Citations.] Voluntariness does not turn on any one fact, no matter how apparently significant, but rather on the "totality of [the] circumstances." [Citations.]' [Citation.]" (People v. Leonard(2007) 40 Cal.4th 1370, 1402.)

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