Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/14

 court looks to see if the confession was the product of free and deliberate choice rather than intimidation, coercion, or deception. Id. In order to make this determination, this court reviews the totality of the circumstances surrounding the waiver including the age, education, and intelligence of the accused; the lack of advice as to his constitutional rights; the length of the detention; the repeated and prolonged nature of the questioning; the use of mental or physical punishment; and statements made by the interrogating officers and the vulnerability of the defendant. Id. The fact that the defendant is not a stranger to the criminal-justice system is a factor to be considered in determining whether a custodial statement was voluntarily made. E.g., Sweet v. State, 2011 Ark. 20, 370 S.W.3d 510. This court will reverse a circuit court's ruling on this issue only if it is clearly against the preponderance of the evidence. Id.

In advancing his argument that his custodial statement should be suppressed, Jackson relies on the Supreme Court's decision in Missouri v. Seibert, 542 U.S. 600 (2004). There, the defendant was interrogated by police at the station without being read her rights. She confessed; then, after a twenty-minute break, the officer read the Miranda rights to her, and she again confessed. The officer admitted that this was a conscious tactic, and as noted by the Supreme Court, it was an interrogation technique in which the officer would elicit a prewarning statement from the defendant, give the Miranda warnings, and then obtain a second statement that would be "largely a repeat of information obtained" prior to the warning. Id. at 606. Thus, the question presented in Seibert was whether the second statement was admissible. The Supreme Court ultimately excluded both the pre- and