What is the test for making a confession in a criminal case?

California, United States of America


The following excerpt is from People v. Ponce, F058327, Super. Ct. No. BF124872A (Cal. App. 2011):

"In considering a claim that a statement or confession is inadmissible because it was obtained in violation of a defendant's rights under Miranda ..., the scope of our review is well established. 'We must accept the trial court's resolution of disputed facts and inferences, and its evaluations of credibility, if they are substantially supported. [Citations.] However, we must independently determine from the undisputed facts, and those properly found by the trial court, whether the challenged statement was illegally obtained.' [Citations.] We apply federal standards in reviewing defendant's claim that

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the challenged statements were elicited from him in violation of Miranda. [Citations.]" (People v. Bradford(1997) 14 Cal.4th 1005, 1032-1033.)

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