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· 4/2/1991

United States v. Terrance Anderson

Citations

  • 929 F.2d 96
  • 1991 U.S. App. LEXIS 5371
  • 1991 WL 43249

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • relying on fact that agent “made no effort to dispel the original threat” but, rather, “reaffirmed [other agent’s] earlier coercive statements” in holding second statement tainted
  • finding that the accused’s background did not support a finding of a voluntary confession because, despite being arrested twelve previous times, nothing in the record revealed that the suspect had previously been advised of his Miranda rights or that he had previously waived his rights
  • “A confession is not voluntary when obtained under circumstances that overbear the defendant’s will at the time it is given.”
  • public safety does not justify deceptive, coercive tactics; suspect had been read Miranda rights; agent coerced suspect saying he would lose opportunity to cooperate if attorney sought
  • confession coerced when officers told suspect he could either have an attorney present during questioning or cooperate with the government
  • “Under the totality of the circumstances, [DEA agent’s] statements contributed to the already coercive atmosphere inherent in custodial interrogation and rendered [the defendant’s] first confession involuntary as a matter of law” and barred the admission of his second confession under Elstad

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Meskill, Cardamone

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.