Tag Archives: exclusionary rule

When do a Police Officer’s suggestions of leniency as a result of confessing make a confession involuntary?

10 Apr

In short, when the officer suggests “the county attorney is more likely to work with [the defendant] if he cooperates and implicitly threaten[s] that silence will keep him from his children for “a long time.” State v. Polk IA Ap. No. 10-0335 at p. 11. According to the Iowa Supreme Court’s April 6th decision,  this goes beyond the limitation that a confession is not voluntary when a defendant is influenced to make it by any threat or promise. Id.