Frazier v. Cupp

394 U.S. 731 (1969)

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Nature of the Case

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Facts

Petitioner (D) was arrested and taken to police headquarters and after questioning had begun and asked about the location of his Marine uniform. D admitted being with his cousin and no one else that night. D was then given his constitutional rights. D still denied being with anyone but his cousin. One of the officers then told D that his cousin had been brought in and had confessed. D was still reluctant to talk, but the officer sympathized with D suggesting that the fight had started when the victim had made homosexual advances; D finally spilled his story and then said he thought he should get an attorney before talking any further. The officer then told D that he can't get in any more trouble than he was and a full confession was obtained. D appealed his conviction on the basis that his confession was not voluntary.