Involuntary Confessions & Criminal Defense in San Diego

“We have never abandoned this due process jurisprudence, and thus continue to exclude confessions that were obtained involuntarily.” — Dickerson v. United States, 530 U.S. 428, 434 (2000)

Even if a suspect’s Miranda waiver was voluntary, knowing, and intelligent, a court may still find that the confession does not satisfy the due process standard of voluntariness. Courts apply a two-step test: first, whether police activity was objectively coercive; and second, whether the coercion overbore the will of the accused.

A confession is involuntary if it is not “the product of a rational intellect and a free will.” (Mincey v. Arizona (1978) 437 U.S. 385, 398; Lynumn v. Illinois (1963) 372 U.S. 528, 534). The inquiry focuses on whether police used force or psychological pressure so coercive that it produced an unreliable statement. (People v. Ray (1996) 13 Cal.4th 313, 340; Colorado v. Connelly (1986) 479 U.S. 157, 167).

Factors include the totality of the circumstances: the suspect’s age, education, mental state, and interrogation conditions. If a confession is involuntary, it must be completely suppressed. (People v. Neal (2003) 31 Cal.4th 63, 78–79).

As the U.S. Supreme Court explained in Rogers v. Richmond (1961), the concern is not whether the confession is true but whether the methods used offend the fundamental principles of justice. In Spano v. New York (1959), the Court emphasized that the police must obey the law while enforcing the law—otherwise, liberty is at risk from both criminals and unlawful police conduct.

Why This Matters for Your Defense

If you are facing charges in San Diego, an experienced criminal defense attorney can challenge coerced confessions and fight to have them excluded from trial. Protecting your rights requires aggressive advocacy grounded in constitutional law.