Is it reasonable to assume that a confession made by an accused as a result of improper police conduct is a subsequent confession?

California, United States of America


The following excerpt is from People v. Smyer, B283604 (Cal. App. 2019):

Moore relies on cases, which have held, "whereas a result of improper police conductan accused confesses, and subsequently makes another confession, it may be presumed that the subsequent confession is the product of the first because of the psychological or practical disadvantages of having ' "let the cat out of the bag by confessing." ' " (People v. Sims (1993) 5 Cal.4th 405, 444-445 (Sims)[cases cited within].)

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