State v. Kinkade

The state appeals an order of the trial court which suppressed a confession made by defendant to police. The only issue is whether the confession was voluntary.

The statements in question were made to two police officers who were investigating a theft of a motorcycle. Officer Jones learned from an informant that defendant had stolen the motorcycle and arranged with defendant over the telephone to meet with him at defendant’s home. Officers Jones and McComas went to defendant’s home at about 9:30 p.m., were invited in and conversed with defendant in his living room. Defendant’s mother was in…