Legal Question in Criminal Law in California

What does the Due Process Totality-of-circumstances voluntariness test consist o

In federal law, for the admissibility of interrogations there is the Miranda rule

and then there is the Voluntariness test.

Miranda is only required to be given and waived for admissibility in Custodial

interrogations.

However, Voluntariness is a lot more vague.

Is it correct that it is not a requirement that the defendant was in Custody at

the time of the interrogation to argue a motion of involuntariness?

If the interrogation was clearly NON-Custodial, yet other factors made it

coercive (psychological coercion) and incompetent (defendants mental and

emotional state) then it could be argued for suppression based on

involuntariness?

In other words, if the test is based on the Totality of the circumstances, then

the fact that the defendant was not in custody at the time is only ONE aspect

of the circumstances that gives more weight to the voluntary side, but is not

the deciding factor in itself?

Is this correct?


Asked on 9/12/04, 10:36 pm

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: What does the Due Process Totality-of-circumstances voluntariness test consi

I think you're on the right track. An out-of- custody involuntary confession could be suppressed. As you point out, voluntariliness is determined under the totality of the circumstances test. One of the circumstances is whether the defendant was in custody when the statement was made. If not, the confession still might be suppressed based on other circumstances such as mental illness if there is evidnce of police coercion. The exclusionary rule is designed to deter police misconduct. If the police haven't done anything wrong, the statement should not be suppressed.

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Answered on 9/13/04, 12:47 am


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