presence of Miranda warning in Illinois

2018Factors to consider include the defendant’s age, intelligence, background, experience, mental capacity, education, and physical condition at the time of questioning; the legality and duration of the detention; the presence of Miranda warnings; the duration of the questioning; and any physical or mental abuse by police, including the existence of threats or promises.” People v. Richardson, 234 Ill. -5- 2d 233, 253-54 (2009). “[T]he test of voluntariness is whether the defendant made the statement freely, voluntarily, and without compulsion or inducement of any sort, or whether the defendant’s w

2017Factors to consider include the defendant’s age, intelligence, background, experience, mental capacity, education, and physical condition at the time of questioning; the legality and duration of the detention; the presence of Miranda warnings; the duration of the questioning; and any physical or mental abuse by police, including the existence of threats or promises.” People v. Richardson, 234 Ill. 2d 233 , -8- No. 1-14-2733 253-54 (2009). “[T]he test of voluntariness is whether the defendant made the statement freely, voluntarily, and without compulsion or inducement of any sort, or whether th

2016Willis, 215 Ill. 2d at 527 . *** In determining whether a confession was voluntary, the court considers the totality of the circumstances including the defendant’s age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any physical or mental abuse; and the legality and duration of the detention.

2016Willis, 215 Ill. 2d at 527 . *** In determining whether a confession was voluntary, the court considers the totality of the circumstances including the defendant’s age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any - 13 - 2016 IL App (2d) 140040 physical or mental abuse; and the legality and duration of the detention.

2024See People v. Richardson, 234 Ill. 2d 233, 253-54 (2009) (totality-of-the-circumstances factors considered by courts include the presence of Miranda warnings).

2023“Factors to consider include [defendant’s] age, intelligence, background, experience, mental capacity, education, and physical condition at the 7 time of questioning; the legality and duration of the detention; the presence of Miranda warnings; the duration of the questioning; and any physical or mental abuse by police, including the existence of threats or promises.” People v. Richardson, 234 Ill. 2d 233, 253-54 (2009). ¶ 26 We begin by noting the following factors weigh against a finding of voluntariness.

2023In determining whether the defendant’s confession was voluntary, this court looks to the totality of the circumstances, including: “(1) the defendant's age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; (2) the duration of the interrogation; (3) the presence of Miranda warnings; (4) the presence of any physical or mental abuse; and (5) the legality and duration of the detention.” Slater, 228 Ill. 2d at 160 . ¶ 73 As discussed, Mr. Harris cannot meet his burden on this claim because he has failed to demonstrate that the result of his

2017The defense argued that this was exactly the situation the recording statute was enacted to prevent. ¶ 35 Regarding voluntariness, the defense reviewed the factors listed in People v. Slater, 228 Ill. 2d 137, 160 (2008) (as quoted in People v. Harper, 2013 IL App (4th) 130146, ¶ 20 ): “the totality of the circumstances surrounding the statement, including: (1) the defendant’s age, - 11 ­ 2017 IL App (2d) 140878 intelligence, education, experience, and physical condition at the time of the detention and interrogation; (2) the duration of the interrogation; (3) the presence of Miranda warnings;

2006In Willis, our supreme court held that “[t]o determine whether the defendant’s confession was voluntary, [courts must] consider the totality of the circumstances surrounding it, including the defendant’s age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any physical or mental abuse; and the legality and duration of the detention.” Willis, 215 Ill. 2d at 536 , citing Ballard, 206 Ill. 2d at 177 , citing People v. Gilliam, 172 Ill. 2d 484, 500-01 (19

2006In Willis, our supreme court held that A[t]o determine whether the defendant's confession was voluntary, [courts must] consider the totality of the circumstances surrounding it, including the defendant's age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any physical or mental abuse; and the legality and duration of the detention.@ Willis, 215 Ill. 2d at 536 , citing Ballard, 206 Ill. 2d at 177 , citing People v. Gilliam, 172 Ill. 2d 484, 500-01 (19

2017See also Johnson, 237 Ill. 2d at 95 ("While the presence of Miranda warnings alone is not sufficient to purge the taint of illegality from a illegal arrest, it is a factor to be considered."). ¶ 120 In the case at bar, the trial court found that the police provided Miranda warnings.

2017See also Johnson, 237 Ill. 2d at 95 ("While the presence of Miranda warnings alone is not sufficient to purge the taint of illegality from a illegal arrest, it is a factor to be considered."). ¶ 120 In the case at bar, the trial court found that the police provided Miranda warnings.

2012"A confession is voluntary if it is the product of free will, rather than the product of the inherently coercive atmosphere of the police station. [Citation.] To determine whether the defendant's confession was voluntary, we consider the totality of the circumstances surrounding it, including the defendant's age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any physical or mental abuse; and the legality and duration of the detention * * *." People

2012"A confession is voluntary if it is the product of free will, rather than the product of the inherently coercive atmosphere of the police station. [Citation.] To determine whether the defendant's confession was voluntary, we consider the totality of the circumstances surrounding it, including the defendant's age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any physical or mental abuse; and the legality and duration of the detention * * *." People

2020People v. Slater, 228 Ill. 2d 137, 160 (2008); People v. Gilliam, 172 Ill. 2d 484, 500-01 (1996); People v. Martin, 102 Ill. 2d 412, 426-27 (1984).

2019People v. Slater, 228 Ill. 2d 137, 160 (2008); People v. Gilliam, 172 Ill. 2d 484, 500-01 (1996); People v. Martin, 102 Ill. 2d 412, 426-27 (1984).

2020See People v. Foskey, 136 Ill. 2d 66, 86 (1990).

2005Foskey, 136 Ill. 2d 66 -86 (1990).

2018In re Christopher K., 217 Ill. 2d 348, 373 (2005). ¶ 29 Defendant also claims his statutory right under section 103-3 of the Code was violated.

2017In re Christopher K., 217 Ill. 2d 348, 373 (2005). ¶ 29 Defendant also claims his statutory right under section 103-3 of the Code was violated.

2012In re G.O., 191 Ill.2d 37, 54 , 245 Ill.Dec. 269 , 727 N.E.2d 1003, 1012 (2000).

2012In re G.O., 191 Ill.2d 37, 54 , 245 Ill.Dec. 269 , 727 N.E.2d 1003, 1012 (2000).

2005Foskey, 136 Ill. 2d at 86 ; People v. Sneed, 274 Ill.

2005Foskey, 136 Ill. 2d at 86 ; People v. Sneed, 274 Ill.

2025See In re D.L.H., 2015 IL 117341, ¶ 59 ; see also Slater, 228 Ill. 2d at 160 . ¶ 79 Many of the factors to be weighed in determining voluntariness are also present in considerations of a determination of custody status for Miranda requirements, as discussed in detail above and will not be repeated here.

2023See Henderson, 2013 IL 114040, ¶ 12 .

2022People v. Richardson, 234 Ill. 2d 233, 254 (2009). ¶ 42 To determine the voluntariness of a statement, courts consider the totality of the circumstances, “including the defendant’s age, intelligence, education, experience, and physical condition at the time of the detention and interrogation; the duration of the interrogation; the presence of Miranda warnings; the presence of any physical or mental abuse; and the legality and duration of the detention.” People v. Welch, 365 Ill.

2022The Richardson court specified: “Factors to consider include the defendant’s age, intelligence, background, experience, mental capacity, education, and physical condition at the time of questioning; the legality and duration of the detention; the presence of Miranda warnings; the duration of the questioning; and any physical or mental abuse by police, including the existence of threats or promises.” Id. at 253-54 . ¶ 27 Defendant gives five reasons why, under the totality of the circumstances, his confession should be regarded as involuntary. -7- ¶ 28 First, defendant argues that the police “[

2020Christian, 2016 IL App (1st) 140030, ¶ 106 ; see also People v. Johnson, 208 Ill. 2d 118, 138 (2003) (stating that in reviewing the trial court’s ruling on a motion to suppress, that ruling may be affirmed on any ground in the record). ¶ 63 To determine whether a statement was voluntary, courts consider the totality of circumstances, including the presence of Miranda warnings, the duration of questioning, and any physical or mental abuse.

2014People v. Bernasco, 138 Ill. 2d 349, 364-65 (1990).