In the Matter of L.I., 205 N.C. App. 155 (2010)

Reversed and Remanded

The “totality of the circumstances” test is used to determine whether a juvenile’s statement is voluntary. “A statement is involuntary or coerced if it is the result of government tactics so oppressive that the will of the interrogated party has been overborne and his capacity for self-determination critically impaired[.]”  Factors to be considered in assessing whether a statement is coerced include: “whether defendant was in custody, whether he was deceived, whether his Miranda rights were honored, whether he was held incommunicado, the length of the interrogation, whether there were physical threats or shows of violence, whether promises were made to obtain the confession, the familiarity of the declarant with the criminal justice system, and the mental condition of the declarant.”

Motions to Suppress
Voluntariness of Statements
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