What is the current state of the law on whether a confession is voluntary and admissible?
MultiRegion, United States of America
The following excerpt is from United States v. Cazares, 788 F.3d 956 (9th Cir. 2015):
The ultimate question of whether a confession is voluntary and admissible is subject to de novo review, but the district court's underlying factual findings are reviewed for clear error. United States v. Brobst, 558 F.3d 982, 995 (9th Cir.2009). Whether a person is in custody for purposes of Miranda is a mixed question of law and fact that is reviewed de novo. United States v. Kim, 292 F.3d 969, 973 (9th Cir.2002).
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