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Commonwealth v. Templin

Exclusion of confession based on post-waiver promise reversed because totality of circumstances demonstrated that defendant's confession was voluntary.

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ARGUED: October 18, 2000

This Court granted discretionary pretrial review of a suppression ruling to determine and elucidate the proper standard for evaluating a claim that a confession made after an explicit Miranda *fn1 waiver was rendered involuntary because it followed upon a promise by police to recommend ROR bail *fn2 in the event the suspect was arrested and arraigned. The suppression court excluded the confession in this case, focusing exclusively upon the fact of the post-waiver promise, which it deemed an “improper inducement” that “require[d] suppression of the statement.” In so holding, the court relied upon Commonwealth v. Gibbs, 520 Pa. 151, 553 A.2d 409 (1989), a case involving an inducement to waive Miranda rights — specifically, the right to counsel, which the suspect in Gibbs had equivocally invoked. Upon the Commonwealth’s certified appeal,*fn3 a divided Superior Court panel reversed, holding that the suppression court erred in focusing only upon the alleged inducement, while failing to consider the totality of the circumstances, in assessing the voluntariness of appellant’s confession. Relying upon the totality of the circumstances analysis set forth in Commonwealth v. Nester, 551 Pa. 157, 709 A.2d 879 (1998), the Superior Court panel majority found that appellant’s confession was voluntary. Judge Brosky dissented, noting his agreement with the trial court that the case was “extremely similar to, and controlled by,” Gibbs.

For the reasons set forth below, we hold that the totality of the circumstances, including any alleged inducement, must be considered in evaluating the voluntariness of a confession. In addition, we affirm the finding of the Superior Court that the totality of the circumstances here demonstrated that appellant’s confession was voluntary.

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