Opinion

United States v. James Braxton

  • 112 F.3d 777
  • 1997 U.S. App. LEXIS 9999
  • 1997 WL 222813
Court
Court of Appeals for the Fourth Circuit
Filed
May 6, 1997
Status
Published
Author
Michael
On the bench
Wilkinson, Russell, Widener, Hall, Murnaghan, Wilkins, Niemeyer, Hamilton, Luttig, Williams, Michael, Motz
Cited by
139 cases
Authority
More cited than 26.0%

holding that an investigatory inter- view was clearly non-custodial and that the confession was voluntary when the interview took place in the suspect’s mother’s home, the suspect freely consented to answer the officers’ questions, and the suspect was at liberty to terminate the discussion at any time

How later courts described this case

  • holding that an investigatory inter- view was clearly non-custodial and that the confession was voluntary when the interview took place in the suspect’s mother’s home, the suspect freely consented to answer the officers’ questions, and the suspect was at liberty to terminate the discussion at any time
  • ruling officer's statement " '[i]f you're not coming clean ... you can do five years,' " was "simply not an implied promise of non-prosecution" and did not suggest that if defendant "did 'come clean' he would not face jail time" (internal quotation marks omitted)
  • recognizing that a law “enforcement officer may 21 properly tell the truth to the accused,” and that “[t]ruthful statements about [the defendant’s] predicament are not the type of ‘coercion’ that threatens to render a statement involuntary.”
  • recognizing that a law “enforcement officer may properly tell the truth to the accused,” and that “[t]ruthful statements about [the defendant’s] 12 predicament are not the type of ‘coercion’ that threatens to render a statement involuntary.”

Written by the judges who cited it.

The opinion

MICHAEL, Circuit Judge,

concurring in the judgment:

I concur in the judgment because I do not believe that the totality of the circumstances reveals that Braxton’s will was overborne or that his capacity for self-determination was critically impaired. See United States v. Pelton, 835 F.2d 1067, 1071 (4th Cir.1987).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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