338 U.S. 49 (1949)
Defendant was arrested for an alleged criminal assault. Later the same day, in the vicinity of this occurrence, a woman was found dead. Police questioned defendant about the murder for four straight days, at all hours of the day. Until his inculpatory statements were secured, defendant was a prisoner in the exclusive control of the prosecuting authorities. He was kept for the first two days in solitary confinement. Although the law of Indiana required that defendant be given a prompt preliminary hearing before a magistrate, he was not only given no hearing during the entire period of interrogation but was without friendly or professional aid and without advice as to his constitutional rights.
- The court held that the police violated defendant's due process rights when it subjected him to this relentless interrogation and that his confession was not voluntary.
- A statement to be voluntary did not need to be volunteered.
- But if it was the product of sustained pressure by the police it did not issue from a free choice.
The court reversed the judgment of the Indiana Supreme Court.
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