People v. Harris

Defendant was convicted of felony murder predicated on armed robbery. Police held Defendant in continued custody on probation violation and used this custody to mask their intention to question Defendant solely about murder of victim, with whom Defendant reportedly had history of violence. Given manner of police interrogation (5 interviews over 24 hours, in confrontational mode), a reasonable person would not have felt free to terminate the encounter. Thus, statement cannot be presumed voluntary rather than result of inherently coercive atmosphere of custodial interrogation. Defendant's confessions after she invoked her right to counsel are presumptively involuntary and thus should be suppressed. (FITZGERALD SMITH and STERBA, concurring.)