What factors will the court consider in denying a motion to suppress an involuntary confession?

California, United States of America


The following excerpt is from People v. Huizar, E072579 (Cal. App. 2020):

Now we turn to the other factors. Defendant worked full time as a truck driver and is nearly bilingual. Defendant's job and language skills indicate he has, at the very least, a reasonable level of intelligence. Defendant does not assert that there was a prior coerced confession. In regard to a break during the chain of events, after the detectives made the comments about defendant being a monster and not caring if defendant had an attorney, the interview continued. Defendant began confessing shortly, but not immediately, after the detectives' comments. Given the foregoing factors, particularly the lack of psychological pressure, we conclude the trial court did not err in denying defendant's motion to suppress. (See People v. Perdomo (2007) 147 Cal.App.4th 605, 619 ["Absent some indication of coercive police activity, an admission or confession cannot be deemed involuntary"].)

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