NCJ Number
172535
Journal
Crime to Court: Police Officer's Handbook (September 1997) Pages: 1-15
Date Published
1997
Length
15 pages
Annotation
This legal analysis focuses on the admissibility of a confession by a non-custodial suspect in a case in West Virginia that involved a Bureau of Alcohol, Tobacco, and Firearms (ATF) agent and a West Virginia State Trooper.
Abstract
The question for the trial judge was whether the confession given by the suspect to the two officers was freely and voluntarily provided. The suspect purchased 29 guns within the span of 8 weeks in 1993, and the ATF subsequently initiated an investigation. In 1994, an ATF agent and a West Virginia State Trooper interviewed the suspect about his gun purchases. During the interview, the suspect made what amounted to a confession. He was later indicted on seven counts of knowingly making false statements in connection with the purchase of firearms. Prior to trial, however, he moved to suppress the statement he made during the interview. The district court granted this motion, ruling that the statement was involuntary. Based on a legal analysis of the case, the author concludes that the suspect was not told he was required to talk, he was not intimidated or coerced, statements by the two officers did not overpower the suspect's will, and the confession by the suspect was lawfully obtained.