Voluntariness of Confession

The question of voluntariness largely depends upon the facts of each case, no single fact being dispositive.  The determination of voluntariness, rather, depends upon the totality of the circumstances.  The issue of voluntariness is a factual one addressed to the discretion of the trial court.  We do not sit as triers of fact; nor do we lightly disturb the trial court's decision.  State v. Allies, 186 Mont. 99, 111, 606 P.2d 1043, 1050 (1979).

When a defendant moves to suppress a confession on the basis that it was involuntarily given, the prosecution must prove by a preponderance of the evidence that the confession was voluntary.  State v. Campbell, 278 Mont. 236, 240-41, 924 P.2d 1304, 1307 (1996) (citing § 46-13-301, MCA).