Freeland

Approximately two weeks after a burglary had been committed defendant was accosted by two detectives on a downtown Sacramento street. The time was approximately 11 p.m. One of the officers said: “Mr. Freeland, come with us.’’ They searched his car, then took him to police headquarters and interrogated him. They had neither arrest warrant nor search warrant. The officers questioned defendant intermittently for several hours. They had another suspect in another room and moved back and forth, questioning defendant and the other person regarding the burglary which had taken place two weeks earlier. At first defendant denied complicity in the burglary, then admitted it. There are no indications of threats or duress. He was taken to the county jail and booked at 2 a.m. The officers recorded 2 a.m. as the time of arrest although defendant had actually been in their custody for several hours.

The next morning defendant was party to a recorded interview with a member of the district attorney’s staff and the same two officers. He reiterated his confession. At his non-jury trial, sole issue was admissibility of the confession. He did not deny his guilt. Objections to the confession were…