People v. Morales CA2/6

DISCUSSION

A. Waiver of Miranda Rights Morales contends the trial court erred by admitting his statements to Officer Fouts. He asserts that his injuries and heavily medicated state rendered his waiver of Miranda rights involuntary. Our review is de novo. “Only if the ‘totality of the

2A subarachnoid hemorrhage is bleeding between the brain and the membrane surrounding it, i.e., the arachnoid space.

3 circumstances surrounding the interrogation’ reveals both an uncoerced choice and the requisite level of comprehension may a court properly conclude that the Miranda rights have been waived.” (Moran v. Burbine (1986) 475 U.S. 412, 421 [89 L.Ed.2d 410], quoting Fare v. Michael C. (1979) 442 U.S. 707, 725 [61 L.Ed.2d 197].) Transcripts of both interviews were admitted into evidence. They confirm Officer Fouts placed Morales under arrest and recited Miranda rights at the beginning of both interviews. Morales stated he understood his rights and agreed to speak with her. Morales described the events leading up to the collision in detail, his prior head injury, and his two DUI convictions. Both interviews lasted about an hour. At no point did Morales ask the officer to leave, struggle to…