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STATE v. DOWNEY2/27/1997
the statement was made.
Our inquiry does not end here, however. We must next determine whether the trial court properly determined that the defendant validly waived his Miranda
rights. The defendant claims that any waiver was invalid because the tape recording does not indicate that the defendant read or heard the waiver of rights paragraph on the waiver form, and because he was nervous, upset and intoxicated.
"To be valid, a waiver must be voluntary, knowing and intelligent. . . . The state has the burden of proving by a preponderance of the evidence that the defendant voluntarily, knowingly and intelligently waived his Miranda rights . . . Whether a purported waiver satisfies those requirements is a question of fact that depends on the circumstances of the particular case." (Citations omitted.) State v. Northrop, supra, 213 Conn. 417. Relevant circumstances may include "the defendant's experience with the police and familiarity with the Miranda warnings; his level of intelligence, age, level of education, vocabulary and ability to read and write in the language in which the warnings were given; his emotional state; and the existence of any mental disease. . . . Evidence that the defendant appeared distraught does not alone prevent a knowing waiver of Miranda rights." (Citations omitted.) State v. Rasmussen, 225 Conn. 55, 79, 621 A.2d 728 (1993).
We conclude that there was substantial evidence before the trial court to sustain its determination that the defendant voluntarily, knowingly and intelligently waived his Miranda rights. The defendant knew one of the police officers from previous encounters and had at least three prior arrests and convictions for driving while under the influence of alcohol. He was a thirty-five year old high school graduate with a technical education. The tape-recorded statement revealed that the defendant's speech was clear, lucid, articulate and intelligent. Furthermore, the defendant signed the waiver form, which is `"strong proof' that the waiver is valid." State v. Northrop, 213 Conn. 418.
B
The defendant also claims that his statements should have been suppressed because they were involuntary. We disagree.
The state must prove, by a preponderance of the evidence, that a statement was voluntarily made. State v. Barrett, 205 Conn. 437, 451-52, 534 A.2d 219 (1987). "Unless that burden is met, a [statement] compelled by pressure from a police officer is inadmissible for any purpose. . . . The United States Supreme Court recently declared that coercive police activity is a necessary predicate to the finding that a confession is not voluntary within the meaning of the Due Process Clause of the Fourteenth Amendment.' Colorado v. Connelly, [479 U.S. 157, 167, 107 S. Ct. 515, 93 L. Ed. 2d 473 (1986)]. Provided that predicate exists, he ultimate test remains . . . Is the [statement] the product of an essentially free and unconstrained choice by its maker? If it is, if he has willed to [make a statement], it may be used against him. If it is not, if his will has been overborne and his capacity for self-determination critically impaired, the use of his confession offends due process." (Citations omitted; internal quotation marks omitted.) State v. Barrett, supra, 452.
The state cannot use an involuntary confession at trial without violating the defendant's right to due process of law. Id. Whether a statement is voluntary is a question of fact for the trial court to determine in the exercise of its discretion. State v. Derrico, 181 Conn. 151, 162-63, 434 A.2d 356, cert. denied, 449 U.S. 1064, 101 S. Ct. 789, 66 L. Ed. 2d 607 (1980). The trial court found in this
case that the state prov
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