"Because voluntariness of a confession depends upon questions of fact to be resolved by the trial court, and because the trial court is in a superior position to judge credibility and weight, we show great deference to the trial court's determination of voluntariness." State v. Pickar, 453 N.W.2d 783, 785 (N.D. 1990); State v. Discoe, 334 N.W.2d 466, 468 (N.D. 1983). This court does not conduct a de novo review.

Because voluntariness of a confession depends upon questions of fact to be resolved by the trial court, and because the trial court is in a superior position to judge credibility and weight, we show great deference to the trial court's determination of voluntariness. See State v. Newnam, 409 N.W.2d 79 (N.D. 1987); State v. Discoe, 334 N.W.2d 466, 468 (N.D. 1983). This Court does not conduct a de novo review.

As we explained in State v. Taillon, 470 N.W.2d 226 (N.D. 1991): "`Because voluntariness of a confession depends upon questions of fact to be resolved by the trial court, and because the trial court is in a superior position to judge credibility and weight, we show great deference to the trial court's determination of voluntariness.' State v. Pickar, 453 N.W.2d 783, 785 (N.D. 1990); State v. Discoe, 334 N.W.2d 466, 468 (N.D. 1983). This court does not conduct a de novo review.

Goebel, at ¶ 16; State v. Pickar, 453 N.W.2d 783, 785 (N.D. 1990). "Voluntariness is determined by examining the totality of the circumstances surrounding the confession." Pickar, 453 N.W.2d at 785 (citing Blackburn v. Alabama, 361 U.S. 199, 206, 80 S.Ct. 274, 4 L.Ed.2d 242 (1960); State v. Discoe, 334 N.W.2d 466, 467 (N.D. 1983)). A voluntariness inquiry focuses on two elements: "(1) the characteristics and condition of the accused at the time of the confession and (2) the details of the setting in which the confession was obtained."

[¶ 8] Further, "[u]sually the circumstances which attend the giving of a confession or a consent are not completely agreed upon by law-enforcement officials and the accused; hence, the trial judge often must decide between conflicting evidence to form a picture in [his or her] own mind of the `totality of the circumstances.'"State v. Discoe, 334 N.W.2d 466, 468 (N.D. 1983). Therefore, "[w]e affirm a trial court's decision on a motion to suppress unless, after resolving conflicting evidence in favor of affirmance, we conclude there is insufficient competent evidence to support the decision, or unless we conclude the decision goes against the manifest weight of the evidence."

[¶ 18] We next consider whether Helmenstein's confessions were voluntary. "[V]oluntariness of a confession depends upon questions of fact to be resolved by the trial court, and because the trial court is in a superior position to judge credibility and weight, we show great deference to the trial court's determination of voluntariness." State v. Taillon, 470 N.W.2d 226, 228 (N.D. 1991) (citing State v. Pickar, 453 N.W.2d 783, 785 (N.D. 1990); State v. Discoe, 334 N.W.2d 466, 468 (N.D. 1983)). This Court does not conduct a de novo review.

Generally, we determine the voluntariness of a confession by examining the totality of circumstances, focusing on: (1) the characteristics and condition of the accused at the time of the confession, and (2) the details of the setting in which the confession was obtained. Id.; State v. Discoe, 334 N.W.2d 466, 467-68 (N.D. 1983). "Among the relevant factors related to the characteristics of the accused are the age, sex and race of the suspect, his or her education level, physical or mental condition and prior experience with the police." Pickar, 453 N.W.2d at 785.

In determining voluntariness, the trial court must examine the totality of the circumstances surrounding the giving of a consent to search to see whether it was the product of an essentially free choice or the product of coercion. State v. Discoe, 334 N.W.2d 466, 467 (N.D. 1983). In Discoe, supra, 334 N.W.2d at 468, we explained our standard of review in assessing the voluntariness of a consent to search where there are disputed facts:

When a defendant attacks the voluntariness of a confession on due process grounds, the outcome depends on the totality of the circumstances. State v. Discoe, 334 N.W.2d 466 (N.D. 1983); State v. Carlson, 318 N.W.2d 308 (N.D. 1982), cert. denied 459 U.S. 1040, 103 S.Ct. 456, 74 L.Ed.2d 609 (1982). The same approach determines whether a defendant voluntarily, knowingly, and intelligently waived his rights.

When a defendant attacks the voluntariness of a confession on due process grounds, the outcome depends on the totality of the circumstances. State v. Discoe, 334 N.W.2d 466 (N.D. 1983); State v. Carlson, 318 N.W.2d 308 (N.D. 1982), cert. denied 459 U.S. 1040, 103 S.Ct. 456, 74 L.Ed.2d 609 (1982). The same approach determines whether a defendant voluntarily, knowingly, and intelligently waived his rights.