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Statements – Voluntariness – Absence of Police Coercion

State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48
For Hindsley: James B. Connell

Issue: Whether a statement is involuntary, even in the absence of police coercion, simply because the Miranda warnings aren’t effectively communicated.

Holding: A suspect’s deafness doesn’t alter the test for voluntariness, “which was and remains focused on police coercion, and considers a person’s language and culture only insofar as they bear on whether coercion by more subtle means, rather than by overt acts, took place. ¶41. No coercion was used, and the statement, though violating Miranda, was voluntary.

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