ABSTRACT
Every police officer must be familiar with the rules relating to questioning suspects. The custody question has reached numerous reviewing courts in both federal and state cases. Improper questioning may not only contaminate the statements obtained, but also the evidence obtained as a result of the improper questioning. What the Court has condemned and continues to condemn is the improper use of questioning or using questioning as a substitute for a thorough investigation. The US Supreme Court, in reversing the conviction and declaring the confession inadmissible, designated the point in the criminal process at which the right to counsel attaches. The traditional test used to determine the admissibility of a confession is known as the free and voluntary rule. Traditionally, some of the factors courts considered relevant in determining whether a confession was voluntary included the use of force, making threats or promises, and psychological coercion.
