In what circumstances have police officers been found not coercive in a sexual assault case?

California, United States of America


The following excerpt is from People v. Johnson, B282481 (Cal. App. 2018):

In People v. Daniels, supra, 1 Cal.App.3d 367 the officers (accurately) told the defendant, who was accused of incest, that his family had been taken into custody and that his daughter might be pregnant. (Id. at pp. 371-372.) The court noted the evidence was "uncontradicted that no promises or inducements were made," noting the officer "testified that none were made and defendant mentioned none in his testimony." (Id. at p. 376.) Responding to the defendant's argument he had confessed to protect his family, the court stated "the evidence is uncontradicted that there was no promise to release defendant's family, nor promise to take the matter up with higher authorities." (Ibid.)

In People v. Steger, supra, 16 Cal.3d 539, the defendant similarly claimed she "spoke to police only to free her [codefendant] husband." (Id. at p. 550.) The court noted, however, "the police made no threat or promise, either express or implied, regarding the fate of defendant's husband," and "[a]ny desire of defendant to aid her husband by confessing was entirely self-motivated." (Ibid.)

In People v. Mayfield, supra, 5 Cal.4th at p. 176 the officers "threatened to quit listening to defendant." The court held this remark was not coercive because the officers' remark was "about a course of action they could legally follow" (i.e., stop listening to the defendant) and "the police did not offer defendant anything." (Ibid.) Refusing to listen to a defendant is very different from offering to help speak to the judge and the prosecutors and threatening to tell the prosecutors not to discuss settlement.

Page 19

Other Questions


When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
In what circumstances have we found no evidence of coercion or coercion by the detective who interviewed defendant in a sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
Is there any case law in which a prosecutor has been found to have gone beyond the facts in their argument to the jury in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.