Held: Petitioner's inculpatory statement to the
arresting officer was erroneously admitted in evidence at his state
court trial at which he was convicted, where no evidence was
introduced to prove that petitioner knowingly and intelligently
waived his rights under
Miranda v. Arizona, 38 U. S.
436, before making the statement.
Certiorari granted;
372 So.
2d 555, reversed and remanded.
PER CURIAM.
Petitioner was charged with armed robbery in violation of
La.Rev.Stat.Ann. § 14:64 (West 1974). He was convicted by a jury
and sentenced to 65 years at hard labor without benefit of parole.
His conviction was affirmed by the Supreme Court of Louisiana in a
brief per curiam opinion.
372 So.
2d 555, 556 (1979). On rehearing, a divided court reaffirmed
petitioner's conviction.
Ibid. It rejected his contention
that an inculpatory statement made to the arresting officer and
introduced at trial had been obtained in violation of his rights
under
Miranda v. Arizona, 384 U.
S. 436 (1966).
At the suppression hearing in the trial court, the arresting
officer testified that he read petitioner his
Miranda
rights from a card, that he could not presently remember what those
rights were, that he could not recall whether he asked petitioner
whether he understood the rights as read to him, and that he
"couldn't say yes or no" whether he rendered any tests to determine
whether petitioner was literate or otherwise capable of
understanding his rights. 372 So. 2d at 557.
A majority of the Supreme Court of Louisiana held that an
arresting officer is not
"compelled to give an intelligence test to a person who
Page 444 U. S. 470
has been advised of his rights to determine if he understands
them. . . ."
"Absent a clear and readily apparent lack thereof, it can be
presumed that a person has capacity to understand, and the burden
is on the one claiming a lack of capacity to show that lack.
LSA-C.C. arts. 25 and 1782. . . ."
Id. at 557-558. Justice Dennis in dissent wrote
that
"[c]ontrary to the explicit requirements of the United States
Supreme Court in
Miranda v. Arizona, 384 U. S.
436, . . . the majority today creates a presumption that
the defendant understood his constitutional rights and places the
burden of proof upon the defendant, instead of the state, to
demonstrate whether the defendant knowingly and intelligently
waived his privilege against self-incrimination and his right to
retained or appointed counsel."
Id. at 558.
We agree. The majority's error is readily apparent.
Miranda
v. Arizona clearly stated the principles that govern once the
required warnings have been given.
"If the interrogation continues without the presence of an
attorney and a statement is taken, a heavy burden rests on the
government to demonstrate that the defendant knowingly and
intelligently waived his privilege against self-incrimination and
his right to retained or appointed counsel.
Escobedo v.
Illinois, 378 U. S. 478,
378 U. S.
490, n. 14. This Court has always set high standards of
proof for the waiver of constitutional rights,
Johnson v.
Zerbst, 304 U. S. 458 (1938), and we
reassert these standards as applied to in-custody interrogation.
Since the State is responsible for establishing the isolated
circumstances under which the interrogation takes place and has the
only means of making available corroborated evidence of warnings
given during incommunicado interrogation,
Page 444 U. S. 471
the burden is rightly on its shoulders."
384 U.S. at
384 U. S.
475
Just last Term, in holding that a waiver of
Miranda
rights need not be explicit, but may be inferred from the actions
and words of a person interrogated, we firmly reiterated that
"[t]he courts must presume that a defendant did not waive his
rights; the prosecution's burden is great. . . ."
North Carolina v. Butler, 441 U.
S. 369,
441 U. S. 373
(1979).
In this case, no evidence at all was introduced to prove that
petitioner knowingly and intelligently waived his rights before
making the inculpatory statement. The statement was therefore
inadmissible.
Accordingly, the motion for leave to proceed
in forma
pauperis and the petition for a writ of certiorari are
granted, the judgment is reversed, and the case is remanded to the
Supreme Court of Louisiana for further proceedings not inconsistent
with this opinion.
So ordered.
THE CHIEF JUSTICE would set the case for oral argument.
MR. JUSTICE REHNQUIST dissents. He thinks that, under the
circumstances described in the opinion of the Supreme Court of
Louisiana, the judgment of that court was fully consistent with
North Carolina v. Butler, 441 U.
S. 369 (1979), and not inconsistent with any other
decision of this Court.
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