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First, the court must consider whether the police made any threats or promises. Iacobucci states that whether there is a quid pro quo for the confession will usually determined whether it was voluntary. Second, the court must look for oppression. That is, where there is distasteful or inhumane conduct that would amount to an involuntary confession. Third, The court must consider whether the suspect has an operating mind. The suspect is sufficiently aware of what he or she is saying and who they are saying it to. Lastly, the court can consider the degree of police trickery. While trickery in general is allowed it cannot go so far as to "shock the community".
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Unfortunately, this has about a 2% chance of actually working in the USA. The courts have almost consistently ruled in favor of government interests, or in the case of a defendant whose guilt is barely in question, say it serves the interests of justice to provide qualified immunity to any government agent that has broken a law to enforce the law.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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