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State v. Hoppe5/22/2003
finding of involuntariness, there must be some affirmative evidence of improper police practices deliberately used to procure a confession." Clappes, 136 Wis. 2d at 239.
. There is no evidence of coercive or improper police conduct here. The three police interviews with the defendant were spread out over three days, and none was inordinately long. There were no threats or promises, no force was used, no intimidation of any kind was applied, there were no harsh words or tone of voice, no withholding of food or water, and the circuit court found that the officer was "uncommonly helpful" to Hoppe during the interviews. The circuit court found that the officer's questioning in the third interview did become more accusatory in nature, and it involved an increase in "psychological pressure" in that the officer referred to emotional topics such as the death of Hoppe's parents, concern about the victim's family, and Hoppe's service in Vietnam. The circuit court also noted that there were no Miranda warnings given, which, although not required, is relevant to the issue of voluntariness. The evidence also clearly establishes that Hoppe's physical and mental condition was compromised by severe alcohol withdrawal.
. Considered in its totality, and applying a de novo standard of review to the constitutional voluntariness issue, see Clappes, 136 Wis. 2d at 235, I conclude that the police conduct in this case was not coercive or improper so as to render Hoppe's statements constitutionally involuntary. The evidence that the officer's questions in the third interview were more accusatory than inquisitive, and the evidence that the officer referred to the death of Hoppe's parents, the concerns of the victim's family, and Hoppe's service in Vietnam, simply does not support a conclusion that the police coerced or improperly induced Hoppe's statements, even when considered in the context of Hoppe's compromised physical and mental condition and the absence of Miranda warnings.
. Given this absence of any evidence of police coercion or improper conduct, the State met its burden of proving, by a preponderance of the evidence, see State v. Agnello, 226 Wis. 2d 164, 182, 593 N.W.2d 427 (1999), that the statements were voluntary and therefore admissible. I would reverse the court of appeals and the circuit court.
. I am authorized to state that Justice DAVID T. PROSSER, JR. joins this dissent.
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