Commonwealth v. Tremblay, 460 Mass. 199

Nelson's boat was intentionally burned on April 27, 2002; Tremblay was indicted for malicious burning, damage to property for intimidation, and a civil rights violation.
May 8, 2002, Trooper Cummings interviewed Tremblay at the Chelmsford fire station; Tremblay agreed to a written statement, later reviewed and signed.
During the interview Tremblay asked to discuss Nelson's alleged homosexual activities “off the record,” and Cummings allowed an off-the-record segment that was not included in the final written statement.
The written statement largely reflected Tremblay’s nonincriminating observations; a watered-down version of the off-the-record comments was included, but Tremblay's off-the-record remarks about Nelson were omitted.
After Tremblay signed the statement, Cummings confronted him about inconsistencies and warned of possible arson indictment; Tremblay left the station within about 15–20 minutes.
Tremblay moved to suppress the May 8 statements; the suppression judge denied the motion, ruling Tremblay was not in custody and that the off-the-record agreement did not render the statements involuntary; the Appeals Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether off-the-record statements were involuntary	Tremblay argues off-the-record assurances coerced statements.	Tremblay contends assurances invalidated voluntariness under totality of circumstances.	No; off-the-record portion voluntary under totality of circumstances.
Miranda applicability to noncustodial interrogation	Miranda warnings unnecessary in noncustodial setting.	Miranda warnings irrelevant to voluntariness of off-the-record statements.	Miranda not triggered; not dispositive to voluntariness.
Impact of deception or assurances on voluntariness	Minor deception/assurances do not render statements involuntary.	Any assurance that statements are off the record can render them involuntary.	Deception and assurances weighed under totality; in this case, not coercive enough to suppress.

Commonwealth v. DiGiambattista, 442 Mass. 423 (Mass. 2004) (deception as a factor in voluntariness; not always suppressive)
Commonwealth v. Meehan, 377 Mass. 552 (Mass. 1979) (assurances of leniency can render statements involuntary)
Commonwealth v. Raymond, 424 Mass. 382 (Mass. 1997) (assurance that cooperation would be considered favorably)
Commonwealth v. Mandile, 397 Mass. 410 (Mass. 1986) (leniency assurances as factor in voluntariness)
Commonwealth v. Novo, 442 Mass. 262 (Mass. 2004) (misrepresentation of defendant's right to defend; coercion concerns)
United States v. Walton, 10 F.3d 1024 (3d Cir. 1993) (off-the-record assurances may render confessions involuntary)