What is the test for a motion to suppress statements on fifth amendment voluntariness grounds?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jenkins, 785 F.2d 1387 (9th Cir. 1986):
Motions to suppress statements on fifth amendment voluntariness grounds deserve a fair hearing and a reliable determination. Jackson v. Denno, 378 U.S. 368, 391, 84 S.Ct. 1774, 1788, 12 L.Ed.2d 908 (1964). But this requirement applies only if substantial facts are in dispute. See id. The magistrate who initially considered the motion to suppress found that there were no factual disputes, and this finding is wholly supported.
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