What is the test for determining whether a defendant's statements were coerced by the police?
California, United States of America
The following excerpt is from People v. Hill, A135250 (Cal. App. 2013):
the interrogation." [Citation.]' " (Ibid.) Simply put, we must determine, based upon a totality of the circumstances, if the statement was the product of defendant's own free will, or was his will overborne by police coercion, whether express or implied. (See, e.g., People v. Smith (2007) 40 Cal.4th 483, 501-502.)
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