Could Suggesting Return of Stolen Property Result In An Involuntary Confession
In Foreman v. State, 400 So. 2d 1047 (Fla. 1st DCA 1981), a police officer told the defendant that he did not think the burglary victim would be inclined to prosecute if the defendant returned the property.
On appeal, the court ruled the defendant's confession involuntary and that his motion to suppress should have been granted. See also Fullard v. State, 352 So. 2d 1271 (Fla. 1st DCA 1977), disapproved of on other grounds, Brown v. State, 376 So. 2d 382 (Fla. 1979).
In Fullard, a detective investigating the theft of a lawn mower told the defendant that if the lawn mower was returned "there won't be any problem." Id.
The First District held that the statement implied that if the defendant confessed he would not be prosecuted.