Law 103 FINAL study guide

What is a "seizure" for the purposes of the 4th amendment?

A seizure is when an officer intentionally holds a suspect from leaving or makes a reasonable person believe that they are not free to leave or terminate the encounter. Seizures also come into play when obtaining evidence. Stops/Arrests are considered seizures, but a person if not seized if they do not yield. Mere conversation is not a seizure.

What is the Anguilar-Spinelli test?

A test for determining whether police may rely on an informant's report to establish probable cause. A test that the Supreme Court has since abandoned for a "totality of the circumstances" test.

(roper) The AMA brief

Older adolescents behave differently then adults because their minds operate differently, their emotions are more volatile, and their brains are anatomically immature.

Searches conducted without a warrant are...

per se unreasonable under the 4th amendment, unless they fall within "a few specifically established and well-delineated exceptions."

Does the due process clause of the 5th and 14th entitle suspects to reliable ID procedures even before initiation of formal proceedings?

yes

If a defendant moves pretrial to exclude a confession on the ground that it was not voluntary...

... the prosecution must establish by a preponderance of the evidence that the confession was voluntary.

Two phases of the death sentence

1. guilt.innocence phase - did the defendant commit aggravated murder? if not, the defendant is acquitted. 2. penalty phase - should the defendant be sentenced to death, life with parole, or life without parole? this is a jury question.

What are the justifications for a search incident to arrest being reasonable?

1. officer safety: to seize weapons that may harm the officer, someone else, or allow the suspect to flee. 2. Destruction of evidence: to prevent destruction of concealment of evidence.

what are 4 factors when the ID takes place pre or post indictment?

1. source of the right - due process 5th/14th. 2. alleged violation - suggestive ID process. 3. is an out-of-court ID admissible? - admissible only if the court finds, based on totality of the circumstances that the ID is reliable. 4. IS an in-court ID admissible? - admissible only if the court fins based on a totality of the circumstances that the ID is reliable.

what are the 4 factors when ID takes place just post indictment?

1. sources of right - 6th (right to counsel, applied through 14th due process). 2. alleged violation - counsel not present at out-of-court ID. 3. Is an out-of-court ID admissible? - not admissible. 4. is an in-court ID admissible? - admissible only if the court finds, based on a totality of the circumstances that the ID is reliable.

A man is told by an officer that they found information linking him to a theft. The officer then goes on to say "it would be best" for the man to accompany her to the local police station. He is put in the back of the cop car, the doors are locked and he is concerned, but still agrees to go. After asking a lot of questions and no Miranda rights being read, he admits to the theft. Is this confession admissible?

2 answers: 1. No, because the officer did not give him Miranda warnings and he was subject to "custodial interrogation." 2. Yes, because he was technically not in custody.

What does the text of the 8th amendment prohibit?

8th amendment states, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.'' The 8th imposes constraints on both the severity of the crime and blameworthiness of the individual(s) being charged.

ex post facto law

A criminal law that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. This prohibits congress and states from passing any laws which apple ex post facto.

What is the defendants role in the exclusionary rule?

A defendant invokes the exclusionary rule by filing a pretrial motion to suppress evidence. If the evidence was discovered pursuant to a warrant, the burden is on the defendant to show that it was obtained illegally.

The Daubert test?

Alternative to the Frye test... it is followed by judges in federal courts and takes a broader view than Frye. It asks a judge to study the research and views of experts and to reach their own conclusion as to whether a scientific technique is reliable and will assist the "trier fact to understand the evidence or to determine a fact in issue".

What is the process for determining if such an identification is admissible?

Clear and convincing evidence factors: the witness's opportunity to observe the offender during the criminal act; the extent of the similarity between the pre-lineup description of the offender and the physical appearance of the individual identified in the lineup; the identification or failure to identify the defendant at a photographic array or at the lineup;whether there was a brief or lengthy period between the criminal act and the lineup identification

When is a person in "custody" for purposes of the Miranda rule?

Custody is when a suspect is deprived of their freedom of action in any significant way. More specifically when a reasonable person would believe that they are not free to leave.

Marbury vs. madison

Established judicial review. An act that violates the constitution is void. It is the "province and duty" of the courts to say what the law is.

What is testimonial evidence and why does it matter if something is testimonial or not?

Evidence that is communicative. (does not include voice and handwriting exemplars, fingerprints, participation in lineup, the police requiring you to try on clothes or to walk in a straight line, hair and urine samples, withdrawing blood, the exam of scars and tats, and the taking of photos)... It matters in judging whether miranda rights are needed and if evidence will be excluded or not... this evidence can be used against you in criminal proceeding and your failure to cooperate in these procedures may be introduced at trial to establish your guilt...

T/F: an officer may conduct a search incident to arrest when the arrest if for a felony, but not when it is for a misdemeanor.

False.

T/F: police interrogate a suspect without giving her Miranda warnings and she makes an admission. they then give her Miranda warnings and she repeats the admission. The second admission can never be used against her.

False. But: the subsequent confession will be inadmissible if the "question first, warn later" nature of the questioning demonstrates that the police used this scheme to reduce the effect of the Miranda warnings.

T/F: SCOTUS has held that a strip search of a high school student is always an illegal search under the 4th amendment.

False. If it is reasonable, it can be done.

T/F: once criminal proceedings have been initiated against a suspect and the suspect has requested or retained a lawyer, the police are still allowed to question the suspect without a lawyer present due to the fact that they are in police custody.

False. Once a suspect has requested/retained a lawyer the police are prohibited from interrogating the suspect outside the presence of said lawyer.

What is the 4th amendment search warrant requirement generally?

Generally warrants must follow a particular agreement, which sets forth a specific address to be searched and the objects that are the subject of search. The police must search wherever these objects are likely to be found. A valid search warrant includes a sworn affidavit and approval from a judge.

What are the exceptions to the exclusionary rule?

Good faith, collateral proceedings, inevitable discovery, attenuation ("purging the taint"), independent source, and impeachment.

What is the effect of an impermissibly suggestive identification? Is it admissible?

If the procedure is impermissibly suggestive, the identification is nonetheless admissible if it is "reliable". Reliability: the opportunity of the witness to view the criminal at the time of the crime, the witness's degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length between the crime and the confrontation.... The test: was the procedure suggestive? Only if it was, did the suggestiveness create a "very substantial likelihood of the irreparable misidentification."

What are the Miranda warnings?

Informs suspects of their 5th amendment rights and the consequences of waiving these rights. Applies only to testimonial evidence obtained during custodial interrogation. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"

ve that they are not free to leave. How do you invoke your Miranda rights?

Invoking miranda rights must be expressed, unambiguous, and silence is not sufficient.

What type of evidence does the miranda rule apply to?

It applies to incriminating evidence and/or testimonial evidence.

When does the 6th amendment right to counsel attached?

It attaches as soon as one is taken into custody and their miranda rights are read... especially during a custodial interrogation/line up/etc

At what point does the right to due process of law under the 5th and 14th amendments attach?

It attaches before formal proceedings begin. It determines the totality of the circumstances and if one confession is admissible.

What did Colorado Vs. Connelly hold in regards to someone with mental illness confessing to a murder?

It held that coercive police activity is a necessary predicate to the finding that a confession is not 'voluntary' within the meaning of the due process clause of the 14th amendment. Therefore, because no coercive activity took place the court may not suppress the confession as "involuntary."

Is the exclusionary rule a constitutional mandate or a judge-made rule that is not required by the constitution?

It is a judge-made legal rule, which has been adopted by the courts to stop the police from conducting illegal searches and seizures...

Is Miranda a constitutional mandate or a judge-made rule that is not required by the constitution?

It is a judge-made rule that specifies that the rights are to be recited in "clear and unequivocal terms" and the suspect should be "clearly informed" of their rights. At the end of the day judges have the final say in whether or not one's Miranda rights were properly (or not) waived or invoked.

What is The Central Park 5 about?

It is about 5 young black/latino teenagers who were wrongly convicted of raping a white woman in NYC central park.

How does the Supreme Court interpret the 8th amendment?

It must be carried out in a manner consistent with the "evolving standards of decency that mark the progress of a maturing society". Must be applied consistently and rationally to comply with the 8th. Narrowing the class and providing the guided discretion.

What is the exclusionary rule?

It states that evidence obtained as a result of the 4th amendment prohibition on unreasonable searches and seizures - together with evidence derived from such evidence - is inadmissible in a criminal prosecution to prove a defendant's guilt. It requires exclusion of any fruit of the poisonous tree.

When are they not required?

Miranda rights are not required under 2 exceptions. 1. Public safety - police are permitted to ask questions reasonably prompted by concern with public safety. 2. On-the-scene questioning - aka asking any questions related to an incident, "did you see the perp? What happened?". It is also not required when someone voluntarily confesses.

Under what circumstances are Miranda warnings required?

Miranda warnings are required when a person is in custody, no matter where it may be. They also must recite miranda warnings if the person is in custody and they want to interrogate that individual/use what they say as evidence.

Police take a women into custody for an "interview", she is read her Miranda rights and agrees to waive them. The police then turn up the heat in the room; they start yelling, threatening to take her kids away, etc. She was in questioning for over 12 hours and was denied food an water. She eventually admits to the crime. Is this confession admissible in court?

No it is not admissible, because it was not voluntary and thus its admission would violate her due process rights.

Is the justification for Oregon's (and for that matter, some other states') exclusionary rule the same as the federal exclusionary rule?

No, because it is not about deterrence. There is no good faith exception and it may apply to noncriminal cases.

Does a person have standing when an officer illegally peeps through a gap in a closed window blind when the individuals presence in that apartment was strictly apart of a commercial transaction, rather than being a social guest?

Not really. The person lacks standing. (Minnesota vs. Carter)

Does a person have reasonable expectation of privacy in abandoned property?

No.

Does warrantless aerial surveillance of the curtilage violate a person's reasonable expectation of privacy?

No.

Does a person have standing to complain about the constitutionality of the search of another person's container (containing his own drugs)?

No. (Rawling vs. kentucky)

What is a "search" for purposes of the 4th amendment?

Searches are when police look for some sort of evidence or contraband, when it is reasonable and there is probable cause for conducting the search.

What is the purpose of punishment generally?

Retribution, deterrence, incapacitation, rehabilitation

Which court has the final say about the meaning of state law? Federal law?

SCOTUS

What did SCOTUS hold in regards to a person's expectation of privacy?

SCOTUS held that whether a person's expectation of privacy is reasonable depends on whether the area searched was the person's home, the person's curtilage, or an open field.

A suspect is taken into custody. He is told that he is free to leave at any time. He is not given Miranda warnings. After some questioning, he makes an incriminating statement. At the pretrial suppression hearing, the officer testifies, "I knew he did it. he was never going to be let out of that room... he was not free to go". Should the confession be admitted?

Since the suspect was not technically "in custody" no Miranda warnings were required, and the statement should be admitted (the officers uncommunicated thoughts are not relevant)

What affects the accuracy of eyewitness identifications?

Stress, attention, duration of the event, viewing conditions, witness characteristics, and suspect characteristics. Initial perception, memory, and identification procedures may also affect the identification.

What techniques are used in police interrogations?

Successful police questioning requires sophisticated interrogation techniques that may be considered trickery or manipulative in ordinary police interactions with the public... HIG/Reid techniques

What reforms have been implemented or proposed to improve the accuracy of eyewitness identifications?

System variables... procedure: blind admin, instructions (suspect may not be in lineup), single eyewitness at a time, confidence rating at the time of the initial lineup, sequential vs simultaneous presentation. Composition of lineup or photo throw-down: fillers chosen by the witness's description, not similarity to suspect, fillers should possess any distinctive deatures suspect possesses, four or five fillers (minimum), make a record of the identification. Other reforms: jury instructions, use of expert witnesses to explain the psychology of eyewitness identification.

What constitutional provisions govern the admissibility of confessions?

The 14th due process clause, the 5th self-incrimination, and the 6th right to counsel

When do different constitutional rights "attach"?

The 4th is attached when a stop or arrest has happened. The 5th is attached when someone has been taken into custody and interrogations are in the works. The 6th is attached in post-indictment.

What restrictions has the Supreme Court placed on the punishment of juveniles under the 8th amendment?

The 8th prohibits: 1. Imposition of a death sentence on an offender who was under 18 at the time of the crime (roper). 2. Prohibits a sentence of life without parole for nonhomicide crimes committed by an offender who was under 18 at the time of the crime (graham). 3. A mandatory sentence of life without parole for a homicide committed by an offender who was under the age of 18 at the time of the crime (miller).

Do courts take into account the characteristics of the suspect in determining whether she was in "custody" for purposes of Miranda?

The subjective views of the officers and the suspect (that is, which they think the suspect is in custody) are irrelevant. The courts take into account a young person's age only, and only so long as it was known to the officers would have been "objectively apparent to any reasonable officer."

what are the general principles of federalism?

There are 3 branches of government and two parallel court systems. Appellate courts issue decisions that are supported by opinions. Authority: SCOTUS - binding on everyone, US circuit court of appeals - binding on federal courts in that circuit, state supreme court - binding on state courts in that state and, if an interpretation of state law, binding on all other courts.

What can school officials do in regards to drug testing athletes? Does it require a warrant?

They can institute an appropriate drug test for athletes. It does not require obtaining a warrant.

At what points in the criminal process is a suspect/defendant entitled to have counsel present?

They're entitled to have counsel present once they have been officially charged/indicted with a crime and during any criminal procedures. Which can include: trial, line up, etc

You do not have to answer police questions that may tend to incriminate you, and your failure to respond cannot be used against you in a criminal proceeding. What amendments apply to this rule?

This rule accurately describes the 5th amendment right against self-incrimination. This rule also applies to the states through the due process Clause of the 14th amendment.

T/F: the Iowa Supreme Court can interpret the Iowa constitution to require that a criminal defendant have a lawyer appointed at the time of arrest, even though the US constitution does not have that requirement.

True

T/F: under the 6th amendment, a suspect has the right to an attorney during lineups and show-ups, but not for photographic ID.

True, but only for lineups and show-ups that occur after the initiation of criminal proceedings against the person that is now known as the "defendant".

What is the "standing" requirement?

Unless the defendant had a reasonable expectation of privacy in the area subject to the illegal search, she has no standing to challenge the admission of evidence against her.

What is the test for excluding a confession under the Due Process Clause?

Voluntariness test: confession are inadmissible in federal courts if obtained by police tactics that were sufficiently coercive such that the assumption that "one who is innocent will not imperil his safety or prejudice his interests by an untrue statement, ceases." Four purposes: trustworthiness, fundamental fairness, offensive police methods, free will and rational choice.

How do you waive them?

Waiving them must be voluntary, knowing, and intelligent. It will not be presumed simply from silence or from the fact that a confession was obtained... it has to be clearly expressed or implied

does the exclusionary rule apply in both state and federal court?

Yes.

What did SCOTUS hold in Graham Vs. Connor in regard to the use of excessive force when making an arrest?

Whether a police officer's use of force in making an arrest violates the 4th depends on whether the officer's actions were "objectively reasonable" in light of the facts and circumstances.

Will an identification made when counsel was required but not present be excluded at trial?

Yes, a suspect has a constitutional right to a lawyer at all post-indictment lineups and confrontations (show up)... if counsel is not present for the lineup or show up they are disallowed to use any results at trial.

A man sits down next to an on duty cop at a bar and confesses to a crime... is this confession admissible?

Yes, because absent police conduct causally related to the confession, there is simply no basis for concluding that any state actor has deprived a criminal defendant of due process of law.

Do previous improper identifications affect the validity of an in-court identification?

Yes. Prosecutors may not ask a witness for an in-court identification of the defendant unless the prosecutor establishes by clear and convincing evidence that the in-court identification is not the product of an identification at which the suspect was denied a lawyer.

Police seize a phone that an arrestee is holding when he is validly arrest. Can the police search the contents of that phone?

Yes, but only after they obtain a search warrant. Unless exigent circumstances demand that they do so immediately.

A suspect is arrest and taken to the police station. He is not given Miranda warnings. During questioning, he won't give any personal or other identifying info. They use a Iris scanner on him and find out he is wanted for a felony. In pretrial, the suspects moves to suppress the result of the iris scan on ground that it was obtained in violation of miranda. should this scan be admitted?

Yes, it should be admitted; because it is not testimonial evidence.

Do probationers have a reduced expectation of privacy?

Yes, people who are on probation have a reduced expectation of privacy, so their homes may be searched absent a search warrant supported by probably cause

Police arrest a man. They read him his Miranda rights and he properly waives them. He is in a comfortable situation. The police then make up that they have evidence confirming he did it. The man then confesses. Is this confession admissible in court?

Yes, the confession is admissible; because it was voluntarily given.

The police receive a call that someone entered a store with a gun. They then enter the same store with their guns drawn. After seeing a shoulder holster the officer (without giving Miranda warnings) handcuffed the suspect. They suspect then tells them where the gun is... after retrieving the gun they arrest the suspect and then read him his Miranda warnings. Is the statement about where the gun was admissible?

Yes, under the public safety exception. Police may ask questions reasonably prompted by a reasonable concern for public safety without first advising a suspect of her or his Miranda rights.

Can an officer arrest a suspect without an arrest warrant?

Yes.

Do blood, breath, and urine tests constitute as a "search" or "seizure" for purposes of the 4th amendment?

Yes.

Does an individual have standing to challenge the constitutionality of a search of an apartment where they were present as an "overnight guest"

Yes.

The 4th amendment allows "visual cavity inspections" of convicted inmates. Does it allow the same type of inspection for defendants in jail awaiting trial?

Yes.

If one were be arrested illegally and interrogated without given Miranda rights... would them saying, "___ and I killed ___" be an admissible statement?

Yes/no. No, because their statement was made following a custodial interrogation, but no Miranda warnings were given.... therefore, they can successfully move to suppress the statement. Yes, because in the other perps trial the statement is admissible.

What does "guilty except for insanity" mean?

a person is guilty except for insanity if, as a result of a qualifying mental disorder at the time of engaging in criminal conduct, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirement of law."

what are the exceptions to the "plain view" 4th amendment warrant requirement?

a police officer may seize an item if: 1. they are situated somewhere where they have a right to be. 2. they have probable cause to believe that the item is evidence of criminal activity.

If a system of criminal procedures is good, what must they achieve?

a reasonable balance between citizens' rights, and liberty Vs. the ability to detect, investigate, and prosecute crime.

Plain view doctrine

a rule that allows officers to seize evidence -- without a warrant -- that they see when they are in a place in which they have a right to be.

Habeas Corpus

a writ used to bring prisoners or other detainees before the court to determine if the person's imprisonment or detention is lawful

What is one of the objectives of a criminal justice system?

accuracy. the innocent should not be convicted, and the guilty should be convicted.

in determining whether a confession was voluntary, courts will consider the totality of circumstances. What are some circumstances that can effect a confession?

age, intelligence, education, criminal experience, mental condition, intoxication, physical injury and/or coercion, threats to others, length of delay in bringing a suspect before a judge, length of the interrogation, number of interrogators, etc

Which statement is true? 1. an officer may arrest a person if she has probable cause to believe that the person has committed or is about to commit a crime. 2. a search warrant is required for every search, unless there's an exception to the warrant requirement. 3. an arrest is a "seizure" for purposes of the 14th and, therefore, must be "reasonable".

all statements are true

"Fruit of the poisonous tree" refers to

evidence that is discovered as a result of unlawfully obtained evidence.

Collateral proceedings

allows the use of illegally obtained evidence in things like: bail hearing, preliminary hearings, grand jury hearings, sentencing hearing, Habeas corpus review, noncriminal proceedings. Because in balancing the value of relevant evidence against the need to deter police misconduct, SCOTUS has determined that excluding evidence from such proceedings would have little deterrent effect.

Due Process (overall)

an assurance that all legal proceedings will be fair and reasonable.

admission

an individual admits a fact that tends to establish guilt, such as their presence at the crime scene. an admission, combined with other facts, may lead to a criminal conviction.

confession

an individual states that they have committed a crime, either in response to police questioning or not in response to such questioning.

5th amendment privilege against self-incrimination (miranda)

applies only to testimonial evidence (so not to such things as hair samples, trying on clothes, blood samples, etc). applies only to custodial interrogations. public safety exception.

(roper) The APA brief

behavioral studies and recent neuropsychological research shows that adolescents, as a group, think and behave differently from adults in ways that undermine the court's constitutional rationale for capital punishment in cases of adolescent offenders.

What factor(s) affect the reliability of eyewitness identification?

estimator variables, that is, characteristics of the witness, the alleged perpetrator, and the conditions at the time of the crime. system variables, that is, circumstances surrounding the identification itself that are within the control of the police.

statement

everything else that comes out of a suspect's mouth.

Admissibility vs. weight

evidence that is relevant is admissible, unless there is some bar, such as the constitution, a statue or a rule. but even if it is admissible, the lawyers are free to argue that the jury should disregard it or give it little weight.

Article 1, Section 16 of the Oregon Constitution

excessive bail shall not be required, nor excessive fines imposed. cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.

the exclusionary rule does NOT require that illegally obtained evidence be excluded in collateral proceedings because

in balance the value of relevant evidence against the need to deter police misconduct, SCOTUS has determined that excluding evidence from such proceedings as bail hearings, sentencing, grand jury hearing, etc... would have little deterrent effect.

Encounter

interaction between police and citizens that does not implicate the 14th amendment

What does the 4th amendment to the US constitution address?

it addresses the requirement of a search warrant and the prohibition against unreasonable searches and seizures.

What is the frye test?

it is the traditional test for the admissibility of scientific evidence. It asks whether a scientific technique or approach is "sufficiently established to have gained general acceptance in the particular field in which it belongs

What is the "public safety exception"?

it permits the police to ask questions reasonable prompted by a reasonable concern for public safety without first advising a suspect of their Miranda rights.

What did the 4th amendment intend to do?

it was intended to abolish the English practice of issuing "general warrants", which authorized searches anywhere, at any time, and for anything.

Admissible under the constitution, but excluded under a statute or rule

lawyers can always argue that the court should exclude evidence under Rule 403: the evidence is more prejudicial than probative.

14th Amendment

no state shall deprive any person of life, liberty, or property, without due process of law - applies to state gov.

What are two key components of probable cause?

requires that a police officer objectively believe, based on all the facts and circumstances, that a crime has been committed and that the person arrested committed the crime. it may also be based on hearsay.

5th amendment

right to a grand jury in criminal cases. Forbids the government from trying a person twice for the same crime (prohibition against double jeopardy). Cannot be compelled to testify against yourself. Any proceeding that denies a citizen "life, liberty or property" require due process of law. Requires the government to compensate citizens when it takes private property for public use.

6th amendment

right to a public trial without unnecessary delay ("speedy trial"). Right to counsel, right to an impartial jury, nature of the charges and evidence against you. Right to know who your accusers are and to confront them ("right to confront witnesses against you").

Admissibility for a limited purpose

some evidence may be admissible, but the judge will instruct the jury that it can use the evidence for a specific purpose.

what can states do under their own law?

states can interpret the constitution in their own way and can change the interpretation from what SCOTUS has decided in order to provide greater protection. But they cannot provide less protection. State law trumps federal.

In Powell Vs. Alabama, what did SCOTUS hold?

that trial court's denial of effective counsel to poor, young, uneducated African-Americans violated the Due Process Clause of the 14th amendment.

confessions admissibility is governed by:

the 14th amendment (and 5th) right to due process, 5th amendment privileges against self-incrimination (miranda), and 6th amendment right to counsel..

What are three constitutional limits on police interrogations derived from?

the 14th amendment due process clause; the fifth amendment self-incrimination clause; and the 6th amendment right to counsel.

what is the central source of criminal procedure in the US?

the US constitution.

The "expectation of privacy" that is protect by the 4th amendment is one that is...

the person must actually have an expectation of privacy and it must be reasonable.

4th amendment

the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What is probable cause?

the strength of belief a police officer must posses to arrest a person.

Due process clause (5th/14th)

to be admissible, a confession must be voluntary. totality of the circumstances test. must involve police coercion that overcomes the suspect's will to resist.

What has SCOTUS held about admissible confessions?

to be admissible, a confession must have been made freely, voluntarily, and without compulsion of any sort.