JUSTICE MARQUEZ
)delivered the | Opinion of the Court.
T1 Westminster pohce arrested Levent Ray Kutlak after he had a physical altercation with members of his wife's family. Detective Russ Johnson interviewed Kutlak at the police station.: After he was read his Miranda rights, Kutlak stated that he had a personal lawyer and asked, "(Clan we get him down here now, or ..,?" Detective Johnson responded that "it may be difficult" to get in touch with the attorney and that "[i]t may be something we have to do later. It's entirely up to you." Moments later, Kutlak stated that he was going to "take a dice roll" and talk with the detective, Kutlak signed a Miranda waiver and proceeded to make incriminating statements legardmg the incident. e
[201]*20112 Kutlak later moved to suppress the statements he made in the interview with Detective Johnson. The trial court denied Kutlak's motion and a jury subsequently convicted him of child abuse, first degree erimi-nal trespass, and two counts of third degree assault. The court of appeals reversed the judgment of conviction and remanded for a new trial, concluding that the trial court erred in denying Kutlak's motion to suppress his statements. The court reasoned that Kutlak unambiguously invoked his right to counsel during the interview and that, because the initial interview never stopped, Kutlak could not have reinitiated further communication with Detective Johnson. The court declined to reach Kutlak's remaining contentions on appeal.
T8 We granted the People's petition for writ of certiorari and now reverse the court of appeals. We first clarify that, in determining whether a suspect in custody has made an unambiguous request for counsel, the proper standard under Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. 2350, 129 L.Ed.2d 862 (1994), is whether "a reasonable police officer in the would understand the statement to be a request for an attorney." Applymg this standard, we hold, based on our independent review of the video-recorded interrogation, that Kutlak did not unambiguously and unequivocally invoke his right to counsel. Because Kutlak did not actually invoke his right to counsel, and because he otherwise validly waived his Miranda rights before making incriminating statements to the detective, his statements should not have been suppressed. Accordingly, we reverse the judgment of the court of appeals and remand with instructions to address Kutlak's remaining contentions on appeal.
I. Facts and Procedural History
T4 At 2:43 am. on May 22, 2008, Westminster police were dispatched on a report of a stabbing that took place during an altercation between Kutlak and his wife's family, The police arrested Kutlak and brought him to the Westminster Police Department. Detective Johnson contacted Kutlak at the station around 8:80 a.m. and conducted an interrogation. | The interrogation lasted approximately an hour and was both audio- and video-recorded.1 It is undisputed that Detective Johnson properly advised Kutlak of his rights pursuant to Miranda v. Ari sona, 884 U.S. 486, 444, 86 S.Ct. 1602, 16 LEd2d 694 (1966), including the right to have counsel present during the custodial interrogation. Immediately after the Miranda advisement, the followmg exchange occurred:
Johnson: Do you understand your rights as I have explained them to you?
Kutlak: Yes.
Johnson: Okay. Do you have any questions about them?
Kutlak: Uh . if I, I have- /
Johnson: J ust about what your rights are: Do you have any questions about-
Kutiak: Yeah, I do, I do have a lawyer.
Johnson: Okay.
Kutlak: A personal lawyer.
Johnson: Okay.
Kutlak: He's on retainer,
Johnson: Okay.
Kutlak: Um [sigh] ... I mean ,.. like .. can we get him down here now, or ...?
Johnson: It may be difficult, I mean, it's; it's difficalt to get in touch with him. It | may be something we have -to do later. It's entirely up to you.
Kutlak: Is there any way of a long shot, that, I mean ... we can work this out, and I can go home today or something?
Johnson: You know, I can't answer that question for you right now. I don't know the answer to that question right now. But what I need to know is, if you, if you do wanna- .
Kutlak: I mean, I'm gonna take a dice roll, I'm gonna take a dice roll and I'm gonna talk to you guys. I mean, I'm not going to lie to you. I'm not going to do anythmg like that. I just..
[202]*202Johnson: Okay.
Kutliak: I mean-
Johnson: 'Well I need you to be one-hundred percent certain and one-hundred percent comfortable with doing that. It's-
Kutlak: Yeah, definitely. If I stop feeling comfortable, I'll ask to stop.
Johnson: Okay, you certainly can at any time stop this interview if you wish to. Um, so you do understand your rights?
Kutlak: Yes sic. .
Johnson: And with those rights in mind you're willing to answer questions with me at this time?
Kutlak: Yes sic.
Kutlak thereafter signed a Miranda waiver form and made incriminating statements about the incident.
15 Kutlak later moved to suppress the statements he made to Detective Johnson. At the hearing on Kutlak's motion, the prosecution argued that Kutlak's statements were "not an unambiguous request for counsel," but rather represented a "strategic decision" by Kutlak to secure his release from jail. Tr. Hr'g 39:7-8, Dec. 12, 2008; see also id. at 40:8-6.
T6 The trial court denied Kutlak's motion to suppress. It observed that Kutlak's invocation of his right to counsel "was, to some extent, ambiguous at that point in time," noting that Kutlak "never said he wanted a lawyer prior. to questioning" and "never clearly iterated that he did not want to speak to ... the officer without the presence of counsel." Id. at 44:2-9, The court nevertheless concluded that Kutlak's statements were sufficient to invoke his right to counsel prior to questioning. However, the court found that Detective Johnson did not interrogate Kutlak after this invocation; rather, Kutlak reinitiated communication with Detective Johnson and waived his right to counsel. The trial court concluded that Kutlak's constitutional rights were not violated and thus declined to suppress the statements.
T7 The court of appeals reversed. People v. Kutiak, No. 09CA1627, 2018 WL 2285855 (Colo.App. May 23, 2018). Kutlak argued to the court of appeals that the People had conceded that Kutlak's statements amounted to an unambiguous request for counsel. In response to questioning during oral arguments, the People did not disagree that Kut-lak's statements were an invocation of his right to counsel. Nevertheless, the court of appeals did not rely on the People's apparent concession, but rather conducted its own independent analysis. It first concluded that Kutlak's statement that he had a lawyer followed by his question, "Um [sigh] ... I mean ... like ... can we get him down here now, or ...?" was an unambiguous request for counsel. Unlike the trial court, however, the court of appeals held that, because the interrogation never stopped after Kutlak's mention of counsel, Kutlak could not have "reinitiated" further communication with Detective Johnson.
18 We granted the People's petition for writ of certiorari2 and now reverse.
II - Analysis
19 Under Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 LEd.2d 378 (1981), a suspect in custody who unambiguously invokes his right to counsel is not subject to further interrogation by the authorities until counsel has been made available to him, unless he validly waives his earlier request for counsel. Smith v. Illi-mois, 469 U.S. 91, 94-95, 105 S.Ct. 490, 83 L.Ed.2d 488 (1984). The "rigid prophylactic rule" of Edwards embodies two distinct inquiries; first, whether the accused actually invoked his right to counsel; and second, if so, whether he initiated further discussions with the police and knowingly and intelligently waived the right he previously invoked. Id. at 95, 105 S.Ct. 490.
{10 The People have taken inconsistent positions in this case on whether Kutlak's statements amounted to an unambiguous request for counsel. The record reveals that at [203]*203the suppression hearing, the prosecution challenged Kutlak's statements as ambiguous. However, when asked by the court of appeals, "Do you disagree that this was an invocation?" counsel for the People responded, "No, I don't". Likewise, the People's initial briefing to this court focused on whether Kutlak reinitiated discussions with Detective Johnson, apparently conceding that Kutlak's statements amounted to an unambiguous request for counsel. Yet in response to questioning from this court during oral argument, the People took a different position and contended that Kutlak's statements were arguably ambiguous, but acknowledged that the issue had not been briefed.
111 We generally have discretion to affirm a trial court's denial of a motion to suppress on different grounds than those relied upon by the trial court. People w. Aarness, 150 P.8d 1271, 1277 (Colo.2006), Moreover, the United States Supreme Court has made clear that the Edwards analysis requires courts to first determine whether the suspect actually invoked his right to counsel, Smith, 469 U.S, at 95, 105 S.Ct. 490, and both the trial court and the court of appeals directly addressed this issue. Accordingly, following oral arguments, we requested supplemental briefing from the parties on the issue of ambiguity under the standard articulated by the Supreme Court:
Whether, under Davis v. United States, 512 U.S, 452, 114 S.Ct. 2350, 129 LEd.2d 362 (1994), the defendant's references to counsel were sufficiently unambiguous and unequivocal to invoke the Edwards v. Ari-gona prohibition on further questioning, and if not, whether United States Supreme Court jurisprudence obligated the police to clarify the defendant's intent before continuing questioning.
112 We now resolve this case on the threshold inquiry of the Adwords analysis. Based on our independent review of the video-recorded interrogation,. we hold that Kut-lak's statements did not amount to an unarm-biguous request for counsel. Because Kutlak did not actually invoke his right to counsel, and because he otherwise knowingly, intelligently, and voluntarily waived his Miranda rights before making incriminating statements to the detective, his statements should not have been suppressed.
A. Standard of Review
118 When reviewing a lower court's decision to suppress statements made by a defendant, the question before the court is a mixed issue of law and fact, People v. Martin, 222 P.3d 3831, 884 (Colo.2010). Where sufficient evidence exists in the ree-ord to support the trial court's findings of fact, we defer to those findings. People v. Madrid, 179 P.Bd 1010, 10183 (Colo.2008). However, the legal effect of those facts constitutes a question of law subject to de novo review. Id. at 1014. "[Where the statements sought to be suppressed are audio- and video-recorded, and there are no disputed facts outside the recording controlling the issue of suppression, we are in a similar position as the trial court to determine whether the statements should be suppressed." Id. Thus, we may undertake an independent review of the audio or video recording to determine whether the statements were properly suppressed in light of the controlling law. See id.
B. Applicable Law
$14 In Miranda v. Arizona, 384 U.S. 486, 444, 469-78, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the U.S. Supreme Court held that an accused has the right under the Fifth Amendment to the United States Constitution to have an attorney present during custodial interrogation. The accused must be informed of this right before law enforcement may initiate questioning. Id. at 467-68, 86 S.Ct. 1602. When an accused knowingly and voluntarily waives his right to counsel after receiving the Miranda warnings, police are free to question him. Davis, 512 U.S. at 458, 114 S.Ct., 2850, However, under Edwards v. Arizona, when an accused invokes his right to have counsel present during custodial interrogation, he "is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police." 451 U.S, at 484-85, 101 S.Ct. 1880, The purpose of the Edwards [204]*204rule is to prevent police from badgering a defendant into waiving his previously asserted right to counsel, Davis, 512 U.S. at 458, 114 S.Ct. 2850; Michigan v,. Harvey, 494 U.S, 844, 850, 110 S.Ct, 1176, 108 LEd.2d 298 (1990); Oregon v. Bradshaw, 462 U.S. 1039, 1044, 108 S.Ct. 2880, 77 LEd.2d 405 (1983). . __
115 In Dovis v. United States, the U.S. Supreme Court held that the applicability of the Edwards rule hinges on whether the- accused actually invoked his right to counsel, which is an objective inquiry. See Davie, 512 U.S. at 458, 114 S.Ct. 2850, Al though invocation of the right to counsel under Mirando "requires, at a minimum, some statement that can reasonably be construed to be an expression of a desire for the assistance of an attorney," id. at 459, 114 S.Ct. 2350 (quoting MeNeil v. Wisconsin, 501 U.S. 171, 178, 111 8.0t. 2204, 115 LEdL2d 158 (1991)), the Supreme Court clarified in Davis that if a suspect makes a reference to an attorney that is "ambiguous or equivocal in that a reasonable officer in light of the cireumstances would have understood only that the suspect might be invoking the right to counsel," its precedents do not require law enforcement to stop questioning him. Davis, 512 U.S. at 459, 461-62, 114 S.Ct. 2850; see also id.. at 460, 114 S.Ct., 2850 (citing Mi-rand for the proposition that officers need not always cease questioning if a suspect is "indecisive in his request for counsel"), . In other words, the. Davis Court declined. to extend Edwards to require law enforcement officers to cease questioning where a suspect makes a merely ambiguous or equivocal, reference to an attorney. See id. Rather, to trigger the rigid prophylactic rule of Edwards, an accused's request for counsel must be unambiguous. Id, at 458-59, 114 S.Ct. 2850.
T16 The Dovis Court explained that, to make an unambiguous request for counsel, the suspect "must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be 'a request for an attorney." Id. at 459, 114 S.Ct. 2850 (emphasis added). The Court reasoned that "when the officers conducting the questioning reasonably. do not know whether or not the suspect wants a lawyer, {the Edwards] rule requiring the immediate cessation of questioning 'would transform the Miranda safeguards into wholly irrational obstacles to legitimate police investigative activity," because it would needlessly prevent the police from questioning a suspect in the absence of counsel even if the suspect did not wish to have a lawyer present." Id. at 460, 114 S.Ct., 2850 (quoting Michigan v. Mosley, 428 U.S. 96, 102, 96 §.Ct. 321, 46 L.Ed.2d 813 (1975)). Requiring a "clear assertion of the right to counsel" takes into account the need for effective law enforcement and recognizes that "it is police officers who must actually decide whether or not they can question a suspect." - Id. at 460-61, 114 S.Ct. 2850. To require questioning to cease whenever a suspect makes a statement that might be a request for an attorney blurs the bright line rule of Edwards and forces officers to make difficult judgment calls. about whether the suspect in fact wants a lawyer, while risking suppression of the suspect's statements if the officer guesses wrong. Id. at 461, 114 S.Ct. 2850,
€17 Finally, the Davis Court observed that when a suspect does make an ambiguous or equivocal statement, "It will often be good police practice for the interviewing officers to clarify whether or not he actually wants an attorney." Id. It emphasized, however, that unless the suspect's statement is an unambiguous and unequivocal request for counsel, the officers have no obligation to stop questioning him, Id. at 461-62, 114 8.Ct. 2850,
{18 In analyzing whether a suspect's statements amount to an unambiguous invocation of the right to counsel, a handful of our post-Davis cases have misstated the ambiguity standard under Davis. In addition, some of our eases hold, contrary to Davis, that interrogation must cease following an ambiguous reference to counsel, except for very limited clarifying questions. It is our obligation to correct such error, See People v. Porter, 2015 CO 34, 348 P.3d 922, 927; People v. Novotny, 2014 CO 18, 126, 320 P.3d 1194, 1208. We therefore take this opportunity to clarify the proper standard and to overrule language in our prior cases [205]*205that materially deviates from the standard articulated by the U.S. Supreme Court in Davis. Although stare decisis principles require this court to follow the rule of. law it has established in earlier cases, Bedor v. Johnson, 2013 CO 4, 1 28, 202 P.3d 924, 929, we will depart from our precedent where, as here, "sound reasons exist for doing so," People v. Blehm, 988 P.2d 779, 489 (Colo. 1999).
¶19 A few years after Davis, we noted in People v. Romero, 958 P.2d 550, 554 (Colo. 1998), that our pre-Davis decisions addressing what constitutes a sufficiently clear invocation of the right to counsel were consistent with Davis and earlier U.S. Supreme Court precedent. - Indeed, we quoted Davis in articulating that a request for counsel must be sufficiently clear that a reasonable police officer in the cireumstances "would understand the statement to be a request for an attorney," Id. (emphasis added) (quoting Davis, 512 U.S. at 459, 114 S.Ct. 2850). However, in applying Davis in that case, we restated the legal standard as whether "the suspect's responses reasonably could be construed by a police officer to mean that the suspect wanted a lawyer "Id. at 556 (emphas1s 3,de ed).
20 Several years later, in People‘ v. Adkins, 118 P.3d 788, 792 (Colo.2005), we again observed that our decisions addressing ambiguity in this context are consistent with Davis and quoted 'the Davis 'standard. Again, however, we proceeded to restate the legal standard as whether an accused's responses "reasonably could be construed" asa request for counsel, Id. (emphasis added) (quoting Romer 0, 958 P.2d at 556)
«[ 21 Most recently, in People v. Lynn, 2012 CO 45, 16, 278 P.3d 365, 368, we quoted the Davis standard, but in applying Davis, we stated that "[what matters is whether [thg accused's] question 'could reasonably be construed as a request for counsel," id. at 1 14, 278 P.3d at 369 (emphasis .added) (quoting Adkins, 1183 P.3d at 791). In addition, we held that, if an accused's statement is ambiguous, "the interrogation must cease immediately except for very limited questions designed to clarify the ambiguous statement or to clarify the accused's wishes regarding the presence of counsel," Id. at % 8, 278 P.8d at 368. This particular statement is directly contrary to Davis, and rests on a line of case law that can be traced back to People w. Benjamin; 782 P.2d 1167, 1171 (Colo.1987), a pre-Davis decision from this court. Lynn, 1 8, 278 P.8d at 378 (citing People v. Bradshaw, 156 P.8d 452, 458 (Colo.2007); Benjo-min, 782 P.2d at 1171); see also People v. Broder, 222 P.8d 323, 829 (Colo.2010) (same); People v. Kleber, 859 P.2d 1861, 1868 (Colo. 1998) (citing Benjamin, 782 P.2d at 1171).
22 Romero, Adkins, and Lynn improperly suggest that an "unambiguous" request for counsel is any statement that reasonably "could be construed" as such a request-instead of statements that a reasonable officer "would understand" to be a request for a lawyer. Davis 512 U.S. at 459, 114 S.Ct. 2350. By defining an unambiguous request to include all statements that reasonably "could be construed" to be a request for counsel, our post-Davis precedents have subtly, but materially, expanded the Davis standard to encompass statements capable of multiple logical interpretations, at least one of which "could" be a request for counsel. Such statements; however, are 'the "very definition of ambiguity." Lynn, T 25, 278 P.8d at 871 (Coats, J., dissenting). This approach runs counter to the core holding of Davis and its rationale. See Davis, 512 U.S. at 459-62, 114 S.Ct. 2850. Moreover, although our case law properly. encourages law enforcement to clarify an ambiguous statement to determine a suspect's wishes regarding the presence of counsel, see Lynn, 18, 278 P.8d at 368; Bro-der, 222 P.3d at 829; Bradshaw, 156 P.8d at 458; Benjamin, 782 P.2d at 1170-71, Davis imposes no rule requiring officers to do so, nor does it obligate law enforcement to limit its questioning to such clarifying questions in the wake of an ambiguous reference to counsel. Davis 512 U.S. at 461-62, 114 S.Ct. 28350; see also People v. Arroyo, 988 P.2d 1124, 1181 (Colo.1999) , (noting that, under Davis, "if the suspect's request is ambiguous or equivocal, then police need not make an effort to clarify the statement and are free to continue the questioning").
128 Accordingly, we take this opportunity to clarify that, in determining whether [206]*206an accused has invoked his right to counsel, the proper inquiry under Davis is whether "a reasonable police officer in the circumstances would understand the statement to be a request for an attorney." Davis, 512 U.S. at 459, 114 S.Ct. 2850 (emphasis added). Davis made clear that the Edwards rule should not be applied "to prevent police questioning when the suspect might want a lawyer." Id. at 462, 114 S.Ct. 2850. In short, "Tulnless the suspect actually requests an attorney, questioning may continue." Id. To the extent our prior cases suggest otherwise, they are hereby overruled.
24 Our case law has recognized that suspects "may not be legally sophisticated or paragons of clarity in their use of language." Romero, 953 P.2d at 554-55; see also Lynn, T6, 278 P.3d at 868; Broder, 222 P.3d at 326-27; Adkins, 113 P.8d at 792. Accordingly, we have assessed whether a request for counsel is ambiguous by considering the totality of the cirenmstances, including such factors as the words spoken by the interrogating officer; the words used by the accused in referring to counsel; the officer's response to the accused's reference to counsel; the speech patterns of the accused; the demeanor and tone of the interrogating officer; the accused's behavior during interrogation; and the accused's youth, criminal history, background, nervousness or distress, and feelings of intimidation or powerlessness. Lynn, T7, 278 P.3d at 368; Broder, 222 P.3d at 327; Adkins, 118 P.Bd at 792-98; Romero, 953 P.2d at 555-56. These factors remain relevant in assessing the totality of the circumstances when applying Davis's objective standard.
125 Having clarified the proper standard under Davis, we now apply that standard to the facts of this case. -
C. Application
126 Based on our independent review of the video recording of the interrogation, we conclude that, under the totality of the cireumstances, Kutlak's references to counsel did not amount to an unambiguous and unequivocal request for counsel. _
27. It is unclear from Kutlak's remarks whether he was actually requesting his lawyer or whether he was simply exploring the logistics and timing of possibly securing counsel's presence during the interrogation. Indeed, Kutlak's behavior and speech patterns-particularly the way he shrugged when asking "can we get him down here mow, or ...?" coupled with the general uncertainty reflected in his demeanor-suggest that he was merely inquiring how long it might take to acquire counsel's presence. Significantly, Kutlak's question arose immediately after Detective Johnson asked if he had any questions regarding his rights. Although Kutlak's statements "could be construed" as a request for counsel, an equally logical inference from Kutlak's statements is that he was weighing his options and asked a question to help him decide whether to request his counsel's presence. As such, his statements were ambiguous. See Broder, 222 P.3d at 827 (accused's speech patterns and hesitation indicated he "was merely undecided about whether he wanted to invoke the right to counsel"); Benjamin, 782 P.2d at 1171-72 (accused's request was ambiguous where he "simply desired to know whether, if he chose to be represented by an attorney, he would be able to have such representation without cost to himself"). The video recording further reveals Kutlak's indecision, as reflected in his tone and body language. Cf Scott v. Harris 550 U.S. 372, 387, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (Breyer, J., concurring) (stating that "watching the video footage of the car chase made a difference to my own view of the case," and, having done so, concluding that no reasonable jury could find that the pursuing officer acted in violation of the Constitution). Finally, the fact that, moments later, Kutlak twice stated that he was going to "take a dice roll" and continue the interview indicates his conscious decision not to invoke his right to counsel. -
1 28 Detective Johnson's responses to Kut-lak's questions reinforce our conclusion that Kutlak's reference to counsel was ambiguous. Detective Johnson did not ask further questions of Kutlak immediately following his mention of counsel, but instead responded simply that "[it. may be difficult" to get in touch with the attorney and that "Tilt may be [207]*207something we have to do later. It’s entirely up to you.” Moreover, although Detective Johnson was not required to clarify Kutlak’s wishes with respect to counsel, Davis, 512 U.S. at 461-62, 114 S.Ct. 2350, he nonetheless attempted to do so. After Kutlak asked whether he might be able to go home that day, Detective Johnson explained that he did not know but then asked: “But-, what I need to know is, if you, if you do wanna....” Kutlak cut Detective Johnson’s clarifying question short, stating “I’m gonna take a dice roll, I’m gonna take a dice roll and I’m gonna talk to you guys.” In- a further effort to clarify, Detective Johnson asked Kutlak if he was “one-hundred percent certain and one-hundred percent comfortable with doing that,” and Kutlak responded, “Yeah, definitely. If I stop feeling comfortable, I’ll ask to stop.” This colloquy clearly indicates that Kutlak understood his rights and did not invoke his right to counsel at that time.
¶ 29 We perceive here none of the badgering or abuse that the Edwards rule was designed to prevent. See Michigan v. Harvey, 494 U.S. 344, 350, 110 S.Ct. 1176, 108 L.Ed.2d 293 (1990) (noting that Edwards “established another prophylactic rule designed to prevent police from badgering a defendant into waiving his previously asserted Miranda, rights”); Oregon v. Bradshaw, 462 U.S. 1039, 1044, 103 S.Ct. 2830, 77 L.Ed.2d 405 (1983).
¶30 We also note that Kutlak was not unfamiliar with the criminal justice system, having had at least one prior misdemeanor conviction as an adult and multiple juvenile adjudications. Further, Kutlak had vocational training, was employed as a mechanic and, as the video recording clearly shows, is a native English speaker. Accordingly, the ambiguity in his statements likely did not stem from confusion or any language barrier, but rather, from indecision with respect to his right to counsel. Compare Broder, 222 P.3d at 327 (“[I]t is clear from the interrogation video that [accused’s] inability to clearly articulate his request was not because he was speaking in an overly-deferential manner or because he lacked sophistication, or even because he was too nervous and upset. Rather, it appears that [accused] was merely undecided about whether he wanted to invoke the right to counsel”), with Davis, 512 U.S. at 470 n. 4, 114 S.Ct.. 2350 (Souter, J.,-concurring) (“[I]ndividuals who feel intimidated or powerless are more likely to speak in equivocal or nonstandard terms when no ambiguity or equivocation is meant”), and People v. Harris, 191 Colo. 234, 652 P.2d 10, 12 (Colo. 1976) (“The accused was young, timid, and inexperienced in such situations; his failure to make a forceful demand for counsel does not dilute the fact that he made a request.”).
¶ 31 Finally, Kutlak knowingly and voluntarily waived his Miranda rights before answering Detective Johnson’s questions. See Davis, 512 U.S. at 458, 114 S.Ct. 2350 (recognizing that Miranda rights require the special protection of the knowing and intelligent waiver standard). “A waiver is knowing and intelligent when made with full awareness of the nature of the right being abandoned and the consequences of the decision to abandon it.” People v. Platt, 8Í P.3d 1060, 1065 (Colo.2004). During the exchange between Kutlak and Detective Johnson, Kutlak repeatedly talked over Detective Johnson’s attempts to clarify. Kutlak made it clear that he did not intend to invoke his Fifth Amendment right to counsel by stating that he was going to “take a dice roll” and then signing the Miranda waiver form. Moreover, after Detective Johnson asked Kutlak whether he was “one-hundred percent certain and one-hundred percent comfortable” with talking to him, Kutlak responded, “Yeah, definitely. If I stop feeling comfortable, I’ll ask to stop.” Finally, Detective Johnson again confirmed that Kutlak understood his rights and asked whether he was willing to answer questions. Kutlak responded, “Yes sir.” These exchanges, coupled with the signed Miranda waiver form, confirm Kutlak’s knowing and voluntary waiver of his Miranda rights.
III. Conclusion
¶ 32 We conclude that, under the totality of the -circumstances, Kutlak’s statements did not constitute an unambiguous request for counsel. Because Kutlak did not actually invoke his right to counsel, and because he otherwise validly waived his Miranda rights before making incriminating statements to [208]*208the detective, his statements should not have been suppressed. Actordingly, we reverse the judgment of the- court of appeals. © We remand this case to the court of appeals with instructions to address Kutlak's remaining contentions on appeal. -
- JUSTICE GABRIEL dissents, and JUSTICE HOOD joins in the dissent.