Does a police officer's deception about physical evidence render a confession involuntary?

California, United States of America


The following excerpt is from People v. Vasquez, F069281 (Cal. App. 2016):

9. There was no DNA evidence in this case. An officer's ruse or deception about physical evidence does not render a statement involuntary. (People v. Maury (2003) 30 Cal.4th 342, 411.) "Police trickery that occurs in the process of a criminal interrogation does not, by itself, render a confession involuntary and violate the state or federal due process clause.... [] So long as a police officer's misrepresentations or omissions are not of a kind likely to produce a false confession, confessions prompted by deception are admissible in evidence. [Citations.]" (People v. Chutan (1999) 72 Cal.App.4th 1276, 1280, italics in original.)

Other Questions


If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
Can a police officer who injured his back at home during non-working hours to meet a job requirement that he maintain a good physical condition and submit a biennial physical examination and submit to a mandatory physical examination? (California, United States of America)
Is a confession rendered involuntary by coercive police activity not a coerced confession? (California, United States of America)
Does a police officer's exhortation to "tell the truth" render a subsequent confession involuntary? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
Is there any case law where evidence of a burglary was suppressed or suppressed because the evidence was obtained by police officers who entered the yard without a warrant? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
What is the current state of the law on police failure to preserve physical evidence in the context of police misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.