State v. NoelState v. Noel
- Reporters:
- , ,
- Before:
- Lampron
The defendant was indicted for burglary.
On the morning of September 5, 1976, at about 2:45 a.m., the Concord police were dispatched to the Tap Room, a restaurant on Loudon Road, to investigate a possible burglary. Sergeant Bennett and officers Davis and Reilly arrived at the scene. Sergeant Bennett investigated the back of the premises while the other two officers covered the front. In the back of the restaurant, there was a fenced area that contained an outdoor bar. Sergeant Bennett entered this area with a flashlight and a drawn gun, and with a beam of light noticed an arm of a person concealed behind the wooden bar. The sergeant called for the suspect to come out, and after the fourth call a person, later identified as the defendant came out. Three tools were found at the place where the defendant was hiding. The tools belonged to the owner of the restaurant and they were kept inside the building.
After the defendant was handcuffed, Bennett patted him down and found only two cents. The other two officers then proceeded to investigate the interior of the building. They gained entry through a window space on a side door. The plexiglass that covered the opening had been removed and was lying nearby. Inside the building, the officers found that the jukebox and pinball machine had been broken into and that the coin boxes had been removed and were lying on the floor. There was money in the open drawer of a cash register.
At trial the defendant put forth a defense of intoxication. Specifically, he alleged that due to the influence of drugs and alcohol he was incapable of forming the requisite mental state to be found guilty of
I. Understanding of Miranda Rights
When the defendant was apprehended by Sergeant Bennett, he was given his Miranda rights, Miranda v. Arizona, 384 U.S. 436 (1966), and was then asked by the arresting officer if he had anything to say. Without affirmatively acknowledging that he understood his rights, defendant responded by asking how the police knew he was inside the building and if someone had called the station. This statement was introduced at trial through the testimony of the arresting officer. He was then taken to the police station where he was again read his Miranda rights and asked to sign a written waiver form, which he did in fact sign. Another statement was given. This statement, however, was suppressed because the trial court found that too much time had elapsed between the giving of the rights and the making of the statement. This lapse, the trial court concluded, required that the Miranda warnings be given again. The only statement in issue before this court is the statement made at the scene of the arrest before the defendant signed the waiver form. There is no dispute concerning the accuracy of the Miranda warnings as verbally recited by the arresting officer. Rather, the controversy concerns whether the accused was capable of understanding his rights against self-incrimination and the right to have counsel present during any questioning. Miranda v. Arizona, 384 U.S. 436 (1966).
Before the State can introduce a defendant’s statement into evidence it must prove beyond a reasonable doubt that defendant understood his Miranda rights. State v. Gullick, 118 N.H. 912, 396 A.2d 554 (1978); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977). Unless an accused understands his rights, there can be no voluntary, intelligent, and knowing waiver. See United States v. Brown, 535 F.2d 424, 427 (8th Cir. 1976). The defendant argues that the State has not satisfied this burden because he made no affirmative acknowledgment that he actually understood his rights. State v. Vargus, 373 A.2d 150, 154 (R.I. 1977), and that his drug intoxication made it impossible for him to understand his rights. Pierce v. Cardwell, 572 F.2d 1339, 1341 (9th Cir. 1978).
One’s mental and physical condition are crucial in determining whether a knowing, voluntary, and intelligent waiver occurred.
An express written or oral statement of a waiver of the Miranda rights is not invariably required under the United States Constitution. North Carolina v. Butler, 99 S. Ct. 1755 (1979). Since an express waiver is not always constitutionally required, neither should an explicit statement that an accused actually understands the Miranda rights be required. Whether a person in fact knowingly and voluntarily waived the Miranda rights is to be determined from the totality of the circumstances. North Carolina v. Butler, 99 S. Ct. 1755, 1757 (1979). See generally State v. Gullick, 118 N.H. 912, 396 A.2d 554 (1978). Therefore the arresting officer’s failure to recall whether defendant affirmatively acknowledged an understanding of the Miranda rights is not determinative. The crucial issue is whether the totality of the circumstances demonstrates that defendant was mentally capable of actually comprehending his rights and voluntarily waived them.
The suppression hearing was heard and decided before our decision in
State v. Gullick,
118 N.H. 912, 396 A.2d 554 (1978), in which we required a trial court at a suppression hearing on the issue of voluntariness to make an express finding of waiver. Nevertheless, the trial court “applying the reasonable doubt standard” made an express finding and ruling that the defendant understood “those
[Miranda]
warnings” given by the arresting officer. Accordingly, the court refused to suppress the statement. In the present case the witnesses’ testimony was conflicting. Therefore, the trial judge had the responsibility of assessing their credibility. From our review of the record of the suppression hearing, we conclude that there was sufficient evidence to allow the judge to determine that the State
II. Motion for Directed Verdict
The defendant was convicted of burglary.
In reviewing a denial of “a directed verdict for the defendant, the evidence must be construed most favorably to the State.” State v. Breest, 116 N.H. 734, 741, 367 A.2d 1320, 1326 (1976). In addition, the State is entitled to all reasonable inferences that arise from the evidence. State v. Berry, 117 N.H. 352, 355, 373 A.2d 355, 357 (1977). “Although the State must establish guilt beyond a reasonable doubt on all the essential elements, it may rely on circumstantial, rather than direct, evidence.” State v. Goodwin, 118 N.H. 862, 866, 395 A.2d 1234, 1236 (1978). This court does not distinguish between circumstantial and direct evidence. See State v. Lovett, 116 N.H. 571, 572, 364 A.2d 880, 881 (1976). Indeed, where a person’s mental intent is in question, “[b]y the nature of things . . . [it] can be established only by circumstantial evidence.” 1F. WHARTON, CRIMINAL EVIDENCE § 6, at 5 (C. Torcía 13th ed. 1972).
The evidence shows that the defendant was suspiciously hiding outside the restaurant when he was apprehended by the police.
See State v. Reed,
114 N.H. 377, 321 A.2d 581 (1974). Beside him were a number of tools that were taken from inside the restaurant. The evidence also shows that a sheet of plexiglass had been removed from a side door. The inside of the building was ransacked; the machines were broken open and the money was removed and was in a container on the floor. The defendant argues that because he had no money on his
The defendant asserts that his drug-induced intoxication prevented him from having the required mental state. Intoxication, whether by drugs or alcohol, may negate the existence of specific intent.
State v. Caldrain,
115 N.H. 390, 342 A.2d 628 (1975);
Exceptions overruled.