What is the test for determining whether a confession is voluntary?

"A statement is involuntary if it is not the product of '"a rational intellect and free will."'" (People v. Maury (2003) 30 Cal.4th 342, 404.) "To determine the voluntariness of a confession, courts examine '"whether a defendant's will was overborne" by the circumstances surrounding the giving of a confession.' [Citation.] In making this determination, courts apply a 'totality of the circumstances' test, looking at the nature of the interrogation and the circumstances relating to the particular defendant. [Citations.] With respect to the interrogation, among the factors to be considered are '"'the crucial element of police coercion [citation]; the length of the interrogation [citation]; its location [citation]; its continuity'. . . ."' [Citation.] With respect to the defendant, the relevant factors are '"'the defendant's maturity [citation]; education [citation]; physical condition [citation]; and mental health.'"' [Citation.] 'A statement is

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involuntary [citation] when, among other circumstances, it "was '"extracted by any sort of threats . . . , [or] obtained by any direct or implied promises . . . ."'"'" (People v. Dykes (2009) 46 Cal.4th 731, 752.)

In reviewing a trial court's determination of voluntariness, we accept a trial court's factual findings, provided they are supported by substantial evidence, but independently review the ultimate legal question of whether a confession was voluntary. (People v. Dykes, supra, 46 Cal.4th at pp. 752-753.)

3. Factual Background