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Gordon v. State9/9/2004
d statement was made during the course of an interrogation or instead was volunteered; whether any overt or implied threat or promise was directed to the defendant; the method and style employed by the interrogator in questioning the defendant and the length and place of the interrogation; and the defendant's mental and physical condition immediately prior to and during the interrogation, as well as educational background, employment status, and prior experience with law enforcement and the criminal justice system.
Simmers, 943 P.2d at 1195-96. Applying these standards to the present case, we are unable to find from the circumstances, combined or considered separately, that Mr. Gordon's will was over-borne to the extent that his statements can be said to have been other than the product of rational intellect and free will. As previously stated, the officer's statement that Mr. Gordon may have been allowed to go home if he had cooperated is not sufficient evidence of coercive conduct or police misconduct to warrant reversal. Despite his intoxicated condition, Mr. Gordon seemed to understand and indicated he understood his rights under Miranda. There is no evidence his waiver of those rights was anything other than voluntary. Once he invoked his right to counsel, if in fact his statement constituted such an invocation, the detectives ceased their questioning and left the room. They came back only at his urging and resumed further questioning only after again explaining Mr. Gordon his rights and obtaining a second waiver. While Mr. Gordon's behavior at some points during the interview was described as "odd," he answered the questions coherently, appeared to understand them and seemed to know where he was and what was happening. The answers he gave that were considered inappropriate were also described as being evasive. Under the totality of the circumstances, we find no error in the district court's ruling denying Mr. Gordon's motion to suppress.
Affirmed.
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