California, United States of America
The following excerpt is from People v. Cabral, E049759, Super.Ct.No. RIF139462 (Cal. App. 2011):
Since the recorded statement does not support a reasonable finding that the officers improperly used, or may have used, religion or other improper tactics to coerce defendant's incriminating statements, the trial court did not abuse its discretion in denying defendant's request for a 402 hearing and motion to suppress. Defendant had a full and fair opportunity to litigate his suppression motion (People v. Smithson (2000) 79 Cal.App.4th 480, 496) and, in doing so, failed to refute the prosecution's showing that defendant's confession was uncoerced and voluntary.
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