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State v. Munoz

The defendant's confession was freely and voluntarily given, since the detective did not threaten the defendant that his failure to admit to sexual intercourse with the victim would result in a charge of forcible rape, but merely encouraged the defendant to present his version of events to dispel allegations that he forcibly raped the victim.

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The State appeals the trial court’s order suppressing Miguel Munoz’s custodial statement,1 arguing that the trial court erred in finding that it was not freely and voluntarily given. For the reasons set forth infra, we agree and reverse.

The facts pertinent to this appeal are undisputed. In December 2011, a detective with the Alpharetta Police Department began investigating a report filed by 15-year-old P. G.’s mother that P. G. had been forcibly raped2 by 21-year-old Munoz after P. G. and several friends consumed alcohol at Munoz’s apartment. After interviewing P. G. and several other witnesses to the evening in question, the detective received information that P. G. and Munoz may have had sex, but that P. G.’s allegations of rape may have arisen only after her parents learned about it.

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