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State v. Wallace7/22/2004
m. Id. at 1280. However, when asked by the FBI agents, the defendant indicated that he understood his rights and was willing to talk. Id. On appeal, the defendant argued that in the face of his refusal to sign the waiver, the agents should have orally advised him of his Miranda rights. Id. Although observing that "an oral presentation of ... rights would have added little[,]" the Van Dusen court suggested in dictum that it would have been prudent for the agents to advise the accused that his failure to sign the waiver would not prevent statements from being used against him. Id. Still, the Van Dusen court expressly rejected this "proscriptive code approach[,]" stating "[i]t would, we think, be folly to try to cast this principle in the form of a specific required practice." Id. at 1280-81. The Van Dusen court continued, "[i]ndeed, were we so to rule, a suspect could, by refusing to sign and subsequently talking freely, enjoy the luxury of an immunity bath at no price at all." Id. at 1280. Moreover, the Van Dusen court ultimately held that the prosecution had met its burden of proving waiver. Id. at 1281.
As reflected supra, each of the cases cited by Wallace involves factual circumstances critically distinct from the instant case; consequently, his reliance upon them is unavailing. Accordingly, because (1) "[r]efusal to sign a waiver form or a written statement, although some evidence of the absence of waiver, may be outweighed by affirmative conduct indicative of a knowingly and intelligently made decision not to remain silent" and to waive the right to counsel, Harris, 452 A.2d at 637, and (2) as discussed supra, the circumstances of the instant case evince that Wallace's undisputed willingness to speak constituted an explicit, affirmative act evidencing a knowing, intelligent, and voluntary waiver, we hold that the prosecution satisfied its burden of proof.
IV. CONCLUSION
For the foregoing reasons, we hold that the circuit court erred in granting Wallace's motion to suppress statements. We, therefore, vacate the circuit court's June 12, 2003 FOF, COL and order and remand for proceedings consistent with this opinion.
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