State v. Tuttle

KONENKAMP, Justice.

[¶ 1.] The defendant was taken into police custody for questioning. During interrogation, the detective threatened that the defendant’s failure to cooperate would be noted in the police report, suggesting that refusal to admit guilt might result in harsher treatment. Because a person cannot be coerced into foregoing a Fifth Amendment right, and because this threat plainly caused the defendant to confess, we conclude under the totality of circumstances that the confession was obtained involuntarily and should be suppressed. We reverse and remand for a new trial.

A

Background

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