State v. Thornton

83 So. 3d 1024, 2012 WL 1059993, 2012 La. LEXIS 715
Supreme Court of Louisiana·Decided March 30, 2012·No. No. 2012-KK-0095·Published·Cited by 7 cases

Opinion

PER CURIAM.

| ^Granted. The trial court erred in granting defendant/respondent’s motion to suppress on grounds that intoxication rendered her statements to the police involuntary. Although in the past this Court rejected the view in other jurisdictions that “a confession may be involuntary in the due process sense only where the de-clarant has been subjected to police custody, external pressure or coercion,” State v. Glover, 343 So.2d 118, 128 (La.1976) (on reh’g) (statements made by defendant to his former common-law wife wired for sound by the police rendered involuntary as a result of defendant’s florid undifferentiated schizophrenia), our current jurisprudence subscribes as a matter of state law to the rule of Colorado v. Connelly, 479 U.S. 157, 167, 107 S.Ct. 515, 522, 93 L.Ed.2d 473 (1986), that “coercive police activity is a necessary predicate to the finding that a confession is not ‘voluntary’ within the meaning of the Due Process Clause of the Fourteenth Amendment.” See, e.g., State v. Square, 10-2414 (La.11/3/10), 46 So.3d 1239, 1240 (trial court’s suppression of defendant’s spontaneous statements was “contrary to the larger body of jurisprudence on voluntariness”) (citing Connelly); State v. Schrader, 518 So.2d 1024, 1027 (La.1988) (“[A]n essential prerequisite for suppressing a statement on voluntariness grounds is misconduct or overreaching by the police.”) (citing Connelly); see also State v. Green, 655 So.2d 272, 279, n. 7 (La.1995) (“This Court has endorsed, without much discussion, the Supreme Court’s current approach.”) (citing Schrader). The same standard governs the voluntariness of an antecedent waiver of rights conferred by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Connelly, 479 U.S. at 169-70, 107 S.Ct. at 523 (“There is obviously no reason to require more in the way of a ‘voluntariness’ inquiry in the Miranda waiver context than in the Fourteenth Amendment confession context.”).

Connelly has therefore also modified our former jurisprudential rule that intoxication may negate the voluntariness of a statement if it is of such a degree that it renders the defendant “unconscious of the consequences of what he is saying.” State v. Simmons, 443 So.2d 512, 516 (La.1983). After Connelly, diminished mental capacity, which may result from intoxication, remains relevant to the voluntariness of a statement only to the extent that it “made mental or physical coercion by the police more effective.” United States v. Chrismon, 965 F.2d 1465, 1469 (7th Cir.1992); see also United States v. Gaddy, 532 F.3d 783, 788 (8th Cir.2008) (test is “whether these mental impairments caused the defendant’s will to be overborne”) (internal quotation marks and citation omitted). In the present case, the record overwhelmingly demonstrates that the police were exercising their | o,community caretaking functions in responding to reports of defendant’s erratic driving, and to her unsteady appearance, slurred speech, and the reasonable possibility she was experiencing a drug overdose, when they questioned her and summoned Emergency Medical Services, and that the officers used no coercive measures in securing her statements after advising her of her Miranda rights following the discovery in her car of pill bottles in the name of her friend and former employer (and victim of a homicide). See Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 2528, 37 L.Ed.2d 706 (1973) (“Local police officers, unlike federal officers, frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as community caretaking functions, totally divorced from the detection, investigation, or acquisition [1026] of evidence relating to the violation of a criminal statute.”).

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State v. Thornton, 83 So. 3d 1024, 2012 WL 1059993, 2012 La. LEXIS 715 (La. 2012).

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