STATE v. TUTTLE

No. 22025.

650 N.W.2d 20 (2002)

2002 SD 94

STATE of South Dakota, Plaintiff and Appellee, v. Thomas John TUTTLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 31, 2002.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, for plaintiff and appellee.

Paul E. Pietz of Minnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] The defendant was taken into police custody for questioning. During interrogation, the detective threatened that the defendant's failure to cooperate would be noted in the police report, suggesting that refusal to admit guilt might result in harsher treatment. Because a person cannot be coerced into foregoing a Fifth Amendment right, and because this threat plainly caused the defendant to confess, we conclude under the totality of circumstances...

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