She indicated that Bass got most of the money. Ms. xxxxxx' Statements Must Be Suppressed Because The Resulted From Coercive Police Dominated Activity. Whenever the government seeks to introduce an admission by the accused, it has the burden of proving by a preponderance of the evidence that the statement was voluntarily given. An admission is involuntary if it is extracted by any sort of threats or violence or by the exertion of any other improper influence. The test is whether, considering the totality of the circumstances, the government obtained the admission by physical or psychological coercion such that the suspect's will is overborne.
Actual violence perpetrated on the accused is unnecessary.
As we have said, coercion can be mental as well as physical, and . . . But physical violence and the threat of further physical violence is certainly sufficient to overbear an individual's will to resist. An evidentiary hearing in this case will demonstrate that the statements at issue resulted from unconstitutional police coercion. Because police agents overbore Ms. xxxxxx's will to resist, the statement at issue was involuntary and must be suppressed. Ms. xxxxxx' Statement Must Be Suppressed Because The Statement Was Obtained In Violation Of Her Fifth And Sixth Amendment Rights To Counsel.