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North Carolina v. McKoy9/7/1988
.2d at 152.
In determining the voluntariness of the confession and the waiver of Miranda rights, we look to the totality of the circumstances. Id. at 581, 304 S.E.2d at 152. However, police coercion
is a necessary predicate to a determination that a waiver or statement was not given voluntarily within the meaning of the Due Process Clause of the Fourteenth Amendment. Colorado v. Connelly, 479 U.S. 157, 93 L. Ed. 2d 473 (1986). Because the purported waiver and the statement arose within the same set of circumstances, we discuss the voluntariness of the confession as a single issue. Cf. State v. Corley, 310 N.C. at 48, 311 S.E.2d at 545 (despite compliance with Miranda, ultimate question determining admissibility of confession is whether it in fact was made voluntarily).
Defendant previously had been convicted of two felonies. He told Agent Jackson that because of this experience, he understood "all this stuff" (i.e., his rights). Prior experience with the criminal justice system "is an important consideration in determining whether an inculpatory statement was made voluntarily and understandingly." State v. Fincher, 309 N.C. 1, 20, 305 S.E.2d 685, 697 (1983) (defendant's one prior arrest considered significant in determining voluntariness of confession); see also State v. Jackson, 308 N.C. at 582, 304 S.E.2d at 153. This circumstance thus supports the conclusions that the waiver and the confession were voluntary.
While intoxication is a circumstance critical to the issue of voluntariness, intoxication at the time of a confession does not necessarily render it involuntary. State v. Perdue, 320 N.C. at 59-60, 357 S.E.2d at 350-51. It is simply a factor to be considered in determining voluntariness. See Annot. "Sufficiency of Showing that Voluntariness of Confession or Admission was Affected by Alcohol or Other Drugs," 25 A.L.R. 4th 419 (1983 and Supp. 1987). The confession "is admissible unless the defendant is so intoxicated that he is unconscious of the meaning of his words." State v. Oxendine, 303 N.C. 235, 243, 278 S.E.2d 200, 205 (1981).
At about 6:30 p.m. defendant had a blood alcohol level equivalent to a .26 reading on the breathalyzer scale, and he appeared intoxicated. Dr. Perry administered fluids to defendant to accelerate his recovery from his intoxication. During the next hour, Perry observed considerable improvement in defendant's mental and physical condition. Both Perry and Rollins agreed that defendant's condition would have continued to improve over time. The officers did not begin questioning defendant until some two
hours after the blood alcohol test. Agent Jackson explicitly testified that defendant appeared to be sober during the interview. Jackson also stated that defendant spoke rationally and coherently. The trial court specifically found that defendant was not under the influence of alcohol during the interview. There was ample evidence to support this finding. See State v. McClure, 280 N.C. 288, 291, 185 S.E.2d 693, 695 (1972). Therefore, the fact that defendant may have experienced some lingering, mild intoxication at the time of the confession did not preclude the conclusion that he confessed voluntarily. State v. Perdue, 320 N.C. at 59-60, 357 S.E.2d at 350-51; see also Bryant v. State, 16 Ark. App. 45, 696 S.W. 2d 773 (1985) (less than an hour after defendant signed a waiver of his Mirand
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