Can an independent review determine whether a challenged statement was illegally obtained?

California, United States of America


The following excerpt is from People v. Thomas, A142916 (Cal. App. 2016):

independently determine from the undisputed facts and the facts properly found by the trial court whether the challenged statement was illegally obtained.' " ' [Citations.] Where, as was the case here, an interview is recorded, the facts surrounding the admission or confession are undisputed and we may apply independent review." (People v. Duff (2014) 58 Cal.4th 527, 551.)

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