Does defendant have to prove that he was unlawfully detained and denied a right to make a statement?

California, United States of America


The following excerpt is from People v. Hughes, 116 Cal.Rptr.2d 401, 27 Cal.4th 287, 39 P.3d 432 (Cal. 2002):

Nor does defendant demonstrate that his constitutional claim has merit. "To justify exclusion of a statement, defendant must show that the delay produced admissions or that there was an essential connection between the illegal detention and admissions of guilt." (People v. Turner, supra, 8 Cal.4th at p. 176, 32 Cal. Rptr.2d 762, 878 P.2d 521.) Such a showing necessarily rests upon the facts of the particular case, but because defendant never raised this issue below, these facts were not developed, and the record that was made does not support defendant's contention.

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