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EIEN EM TA wtb ld RR SENSITIVE Manl-ID: LHBSAP1] LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cavs SecCls: 7-2.2 |Factors Affecting Voluntariness (Formerly 7-2.3) (1) Courts use a "totality of circumstances" test when determining the voluntariness of an accused's statement. Although it is not possible to predict in every case whether a court will find, under all the circumstances presented, that the statement was 2 product of the accused's free will or a product of coercion, there are predictable factors that a court will examine in making its determination. Those factors include the following: (a) Notification of charges; | (b) Age, intelligence, and experience of the accused; (c) Physical condition of the accused; | (d) Physical abuse, threats of abuse, use of weapons, number of officers present: (e) Threats and psychological pressure; } (£) Privation: food, sleep, medication; | (g) Isolation, incommunicado interrogation: | (h) Duration of questioning; { (i) Trickery, ruse, deception; | (3) Advice of rights; and | (k) Promises of leniency or other inducements. | (2) It must be kept in mind that the above factors are merely illustrative. The presence of any one or more of the factors mentioned above will not necessarily make a statement involuntary. | **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-2.3 |Moved to 7-2.2| **EfFFDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 773 WARNING OF RIGHTS **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls; SENSITIVE Printed: 08/20/2003 06:43:34 Page 2