colorado connelly argued october decided december respondent approached denver police officer stated murdered someone wanted talk officer advised respondent miranda rights respondent said understood rights still wanted talk murder shortly thereafter detective arrived advised respondent rights respondent answered come way boston confess murder taken police headquarters openly detailed story police subsequently pointed exact location murder held overnight next day became visibly disoriented interview public defender office sent state hospital evaluation interviews psychiatrist revealed respondent following voice god confessing murder basis psychiatrist testimony respondent suffered psychosis interfered ability make free rational choices although preventing understanding rights motivated confession trial suppressed respondent initial statements custodial confession involuntary notwithstanding fact police done nothing wrong coercive securing confession also found respondent mental state vitiated attempted waiver right counsel privilege colorado affirmed holding federal constitution requires suppress confession defendant mental state time confessed interfered rational intellect free admission evidence law sufficient state action implicate due process clause fourteenth amendment held respondent mental condition precluded ability make valid waiver miranda rights state met burden proving waiver clear convincing evidence held coercive police activity necessary predicate finding confession voluntary within meaning due process clause taking respondent statements admission evidence constituted violation clause defendant mental condition may significant factor voluntariness calculus justify conclusion mental condition apart relation official coercion ever dispose inquiry constitutional voluntariness pp whenever state bears burden proof motion suppress statement allegedly obtained violation miranda doctrine state need prove waiver preponderance evidence lego twomey reaffirmed thus colorado erred applying clear convincing evidence standard also erred analysis question whether respondent waived miranda rights notions free place area constitutional law respondent perception coercion flowing voice god matter federal constitution speak pp rehnquist delivered opinion white powell scalia joined part blackmun joined blackmun filed opinion concurring part concurring judgment post stevens filed opinion concurring judgment part dissenting part post brennan filed dissenting opinion marshall joined post nathan coats argued cause petitioner briefs norman early andrew pincus argued cause amicus curiae urging reversal brief solicitor general fried assistant attorney general trott deputy solicitor general frey thomas van cleave iii argued cause respondent brief david vela robin desmond abelardo bernal briefs amici curiae urging reversal filed state colorado et al duane woodard attorney general colorado charles howe deputy attorney general richard forman solicitor general eric perryman assistant attorney general charles graddick attorney general alabama john van de kamp attorney general california john kelly chief state attorney connecticut charles oberly attorney general delaware jim smith attorney general florida richard opper attorney general guam jim jones attorney general idaho neil hartigan attorney general illinois linley pearson attorney general indiana thomas miller attorney general iowa david armstrong attorney general kentucky william guste attorney general louisiana frank kelley attorney general michigan hubert humphrey iii attorney general minnesota edwin pittman attorney general mississippi william webster attorney general missouri mike greely attorney general montana brian mckay attorney general nevada stephen merrill attorney general new hampshire cary edwards attorney general new jersey lacy thornburg attorney general north carolina nicholas spaeth attorney general north dakota anthony celebrezze attorney general ohio michael turpen attorney general oklahoma david frohnmayer attorney general oregon travis medlock attorney general south carolina michael cody attorney general tennessee jim mattox attorney general texas david wilkinson attorney general utah jeffrey amestoy attorney general vermont leroy mercer attorney general virgin islands mary sue terry attorney general virginia kenneth eikenberry attorney general washington archie mcclintock attorney general wyoming american psychological association bruce ennis donald bersoff michael perlin filed brief coalition fundamental rights equality amicus curiae urging affirmance fred inbau wayne schmidt james manak jack yelverton david crump daniel hales william summers filed brief americans effective law enforcement et al amici curiae chief justice rehnquist delivered opinion case colorado held constitution requires suppress confession mental state defendant time made confession interfered rational intellect free decision seemed conflict prior holdings granted certiorari conclude admissibility kind statement governed state rules evidence rather previous decisions regarding coerced confessions miranda waivers therefore reverse august officer patrick anderson denver police department uniform working capacity downtown denver respondent francis connelly approached officer anderson without prompting stated murdered someone wanted talk anderson immediately advised respondent right remain silent anything said used right attorney prior police questioning see miranda arizona respondent stated understood rights still wanted talk murder understandably bewildered confession officer anderson asked respondent several questions connelly denied drinking denied taking drugs stated past patient several mental hospitals officer anderson told connelly obligation say anything connelly replied right talk officer anderson conscience bothering officer anderson respondent appeared understand fully nature acts tr shortly thereafter homicide detective stephen antuna arrived respondent advised rights detective antuna asked mind respondent answered come way boston confess murder mary ann junta young girl killed denver sometime november respondent taken police headquarters search police records revealed body unidentified female found april respondent openly detailed story detective antuna sergeant thomas haney readily agreed take officers scene killing connelly sole direction two officers respondent proceeded police vehicle location crime respondent pointed exact location murder throughout episode detective antuna perceived indication whatsoever respondent suffering kind mental illness respondent held overnight interview public defender office following morning became visibly disoriented began giving confused answers questions first time stated voices told come denver followed directions voices confessing respondent sent state hospital evaluation initially found incompetent assist defense march however doctors evaluating respondent determined competent proceed trial preliminary hearing respondent moved suppress statements jeffrey metzner psychiatrist employed state hospital testified respondent suffering chronic schizophrenia psychotic state least august day confessed metzner interviews respondent revealed respondent following voice god voice instructed respondent withdraw money bank buy airplane ticket fly boston denver respondent arrived boston god voice became stronger told respondent either confess killing commit suicide reluctantly following command voices respondent approached officer anderson confessed metzner testified expert opinion respondent experiencing command hallucinations condition interfered respondent volitional abilities ability make free rational choices ibid metzner testified connelly illness significantly impair cognitive abilities thus respondent understood rights officer anderson detective antuna advised need speak metzner admitted voices reality connelly interpretation guilt explained opinion connelly psychosis motivated confession basis evidence colorado trial decided respondent statements must suppressed involuntary relying decisions townsend sain culombe connecticut ruled confession admissible product defendant rational intellect free tr although found police done nothing wrong coercive securing respondent confession connelly illness destroyed volition compelled confess trial also found connelly mental state vitiated attempted waiver right counsel privilege compulsory accordingly respondent initial statements custodial confession suppressed colorado affirmed view proper test admissibility whether statements product rational intellect free indeed absence police coercion duress foreclose finding involuntariness one capacity rational judgment free choice may overborne much certain forms severe mental illness external pressure ibid found admission evidence law sufficient state action implicate due process clause fourteenth amendment constitution evidence fully supported conclusion respondent initial statement product rational intellect free considered respondent attempted waiver constitutional rights found respondent mental condition precluded ability make valid waiver colorado thus affirmed trial decision suppress connelly statements ii due process clause fourteenth amendment provides state shall deprive person life liberty property without due process law last term miller fenton held virtue due process clause certain interrogation techniques either isolation applied unique characteristics particular suspect offensive civilized system justice must condemned see also moran burbine indeed coercive government misconduct catalyst seminal confession case brown mississippi case police officers extracted confessions accused brutal torture little difficulty concluding even though fifth amendment time apply actions police revolting sense justice retained due process focus even holding malloy hogan fifth amendment privilege compulsory applies see miller fenton supra thus cases considered years since brown mississippi focused upon crucial element police overreaching confession case turned set factors justifying conclusion police conduct oppressive contained substantial element coercive police conduct absent police conduct causally related confession simply basis concluding state actor deprived criminal defendant due process law respondent correctly notes interrogators turned subtle forms psychological persuasion courts found mental condition defendant significant factor voluntariness calculus see spano new york fact justify conclusion defendant mental condition apart relation official coercion ever dispose inquiry constitutional voluntariness respondent relies blackburn alabama townsend sain proposition deficient mental condition defendants cases sufficient render confessions involuntary brief respondent respondent reading blackburn townsend ignores integral element police overreaching present cases blackburn found petitioner probably insane time confession police learned interrogation history mental problems police exploited weakness coercive tactics sustained interrogation tiny room upon occasion literally filled police officers absence blackburn friends relatives legal counsel composition confession deputy sheriff rather blackburn tactics supported finding confession involuntary indeed specifically condemned police activity wrings confession accused townsend presented similar instance police wrongdoing case police physician given townsend drug properties subsequent confession obtained officers knew townsend given drugs held involuntary two cases demonstrate mental condition surely relevant individual susceptibility police coercion mere examination confessant state mind never conclude due process inquiry involuntary confession jurisprudence entirely consistent settled law requiring sort state action support claim violation due process clause fourteenth amendment colorado trial course found police committed wrongful acts finding neither challenged respondent disturbed colorado latter however concluded sufficient state action present virtue admission confession evidence state difficulty approach colorado fails recognize essential link coercive activity state one hand resulting confession defendant flaw respondent constitutional argument expand previous line voluntariness cases farranging requirement courts must divine defendant motivation speaking acting even though claim governmental conduct coerced decision outrageous behavior private party seeking secure evidence defendant make evidence inadmissible due process clause see walter coolidge new hampshire burdeau mcdowell also observed urists scholars uniformly recognized exclusionary rule imposes substantial cost societal interest law enforcement proscription concededly relevant evidence janis see also havens calandra moreover suppressing respondent statements serve absolutely purpose enforcing constitutional guarantees purpose excluding evidence seized violation constitution substantially deter future violations constitution see leon establish brand new constitutional right right criminal defendant confess crime totally rational properly motivated respondent present claim sustained previously cautioned expanding currently applicable exclusionary rules erecting additional barriers placing truthful probative evidence state juries lego twomey abide counsel central purpose criminal trial decide factual question defendant guilt innocence delaware van arsdall previously held exclusion evidence may necessary protect constitutional guarantees necessity collateral inquiry exclusion evidence deflect criminal trial basic purpose respondent us require sweeping inquiries state mind criminal defendant confessed inquiries quite divorced coercion brought bear defendant state think constitution rightly leaves sort inquiry resolved state laws governing admission evidence erects standard area statement rendered one condition respondent might proved quite unreliable matter governed evidentiary laws forum see fed rule evid due process clause fourteenth amendment aim requirement due process exclude presumptively false evidence prevent fundamental unfairness use evidence whether true false lisenba california hold coercive police activity necessary predicate finding confession voluntary within meaning due process clause fourteenth amendment also conclude taking respondent statements admission evidence constitute violation clause iii colorado went affirm trial ruling respondent later statements made custody suppressed respondent waived right consult attorney right remain silent held state must bear burden proving waiver miranda rights clear convincing evidence although stated passing state bears heavy burden proving waiver tague louisiana per curiam north carolina butler miranda arizona never held clear convincing evidence standard appropriate one lego twomey supra upheld procedure state established voluntariness confession preponderance evidence upheld two reasons first voluntariness determination nothing reliability jury verdicts rather designed determine presence police coercion thus voluntariness irrelevant presence absence elements crime must proved beyond reasonable doubt see winship second rejected lego assertion high burden proof required serve values protected exclusionary rule surveyed various reasons excluding evidence including violation requirements miranda arizona supra stated instance without regard probative value evidence kept trier guilt innocence reasons wholly apart enhancing reliability verdicts lego twomey moreover rejected argument importance values served exclusionary rules sufficient demonstration constitution also requires admissibility proved beyond reasonable doubt ibid indeed found substantial evidence accumulated federal rights suffered determining admissibility preponderance evidence ibid reaffirm holding lego whenever state bears burden proof motion suppress statement defendant claims obtained violation miranda doctrine state need prove waiver preponderance evidence see nix williams matlock controlling burden proof suppression hearings impose greater burden proof preponderance evidence cf moore michigan held lego twomey supra voluntariness confession need established preponderance evidence waiver auxiliary protections established miranda require higher burden proof xclusionary rules much aimed deterring lawless conduct police prosecution doubtful escalating prosecution burden proof suppression hearings sufficiently productive respect outweigh public interest placing probative evidence juries purpose arriving truthful decisions guilt innocence lego twomey supra see also leon also think colorado mistaken analysis question whether respondent waived miranda rights case course waiver must minimum voluntary effective accused miranda supra north carolina butler supra colorado addressing question relied testimony psychiatrist effect respondent capable making free decision respect constitutional right silence constitutional right confer lawyer talking police think colorado erred importing area constitutional law notions free place obviously reason require way voluntariness inquiry miranda waiver context fourteenth amendment confession context sole concern fifth amendment miranda based governmental coercion see washington miranda supra indeed fifth amendment privilege concerned moral psychological pressures confess emanating sources official coercion oregon elstad voluntariness waiver privilege always depended absence police overreaching free choice broader sense word see moran burbine relinquishment right must voluntary sense product free deliberate choice rather intimidation coercion deception record devoid suggestion police resorted physical psychological pressure elicit statements fare michael defendant worn improper interrogation tactics lengthy questioning trickery deceit officers intimidate threaten respondent way questioning restrained free abuses concerned miranda respondent urges adopt free rationale find attempted waiver invalid whenever defendant feels compelled waive rights reason compulsion even compulsion flow police treatment waiver issue cut holding miranda completely loose explicitly stated rationale beckwith miranda protects defendants government coercion leading surrender rights protected fifth amendment goes respondent perception coercion flowing voice god however important significant perception may disciplines matter constitution speak iv judgment colorado accordingly reversed cause remanded proceedings inconsistent opinion ordered footnotes even causal connection police misconduct defendant confession automatically follow violation due process clause see frazier cupp petitioner conceded oral argument officer anderson handcuffed respondent custody requirement miranda satisfied purposes decision accept concession similarly assume police officers interrogated respondent within meaning miranda possible read opinion colorado finding respondent miranda waiver invalid grounds even case however nonetheless reverse judgment entirety belief colorado analysis influenced mistaken view voluntariness constitutional sense reconsideration issues inconsistent opinion course open colorado remand justice blackmun concurring part concurring judgment join parts ii iv opinion judgment refrain however joining part opinion whatever may merits issue discussed concerns level state burden proof showing respondent waived rights miranda arizona issue neither raised briefed parties view necessary decision justice stevens concurring judgment part dissenting part respondent made incriminatory statements handcuffed taken custody question presented colorado district attorney certiorari petition concerned admissibility respondent precustodial statements pet cert agree state colorado constitution require suppression statements reaching conclusion unlike perfectly willing accept state trial finding statements involuntary state trial found view overwhelming evidence presented defense prosecution meet burden demonstrating respondent initial statements officer anderson voluntary app nevertheless opinion use involuntary precustodial statements violate fifth amendment product state compulsion although may well unreliable support conviction stage proceeding say probative force whatever fact statements involuntary product lady macbeth nightmare involuntary mean use whatever evidentiary value may fundamentally unfair denial due process postcustodial statements raise entirely distinct question officer respondent approached elected handcuff take custody police assumed fundamentally different relationship prior moment police duty give respondent miranda warnings every right continue exploratory conversation custodial relationship established however questioning assumed presumptively coercive character miranda arizona opinion questioning thereafter go forward absence valid waiver respondent constitutional rights unless provided counsel since undisputed respondent competent stand trial also conclude competent waive constitutional right remain silent seems believe waiver voluntary even product exercise defendant free ante position incomprehensible also foreclosed recent pronouncement moran burbine relinquishment right must voluntary sense product free deliberate choice respondent waiver voluntary sense custodial interrogation presumptively coercive colorado unquestionably correct concluding postcustodial incriminatory statements inadmissible accordingly concur judgment insofar applies respondent precustodial statements respectfully dissent disposition question presented certiorari petition petition respondent later confession involves miranda issue issue petition pet cert hands clean smell blood still perfumes arabia sweeten little hand shakespeare macbeth act scene lines lady macbeth eyes open sense shut line see schneckloth bustamonte miranda course reach investigative questioning person custody trial found estimation question defendant exercise free choosing talk police exercised choice sic mandated auditory hallucination basis reality product psychotic break reality defendant time confession absolutely estimation volition choice make compelled illness manner unusual people suffer schizophrenia app relies statement moran burbine waiver must result free deliberate choice rather intimidation coercion deception ante obviously dichotomy exhaust possibilities mere absence police misconduct establish suspect made free deliberate choice suspect competent stand trial justice brennan justice marshall joins dissenting today denies connelly fundamental right make vital choice sane mind involving determination allow state deprive liberty even life holding unprecedented surely present stage civilization basic sense justice affronted spectacle incarcerating human upon basis statement made insane blackburn alabama believe use mentally ill person involuntary confession antithetical notion fundamental fairness embodied due process clause dissent respondent seriously impaired mental condition clear record case time confession connelly suffered longstanding severe mental disorder diagnosed chronic paranoid schizophrenia record hospitalized psychiatric reasons five times prior confession longest hospitalization lasted seven months connelly heard imaginary voices saw nonexistent objects tr believed father god reincarnation jesus record time confession connelly mental problems included grandiose delusional thinking known history thought withdrawal insertion although physicians treated connelly wide variety medications past including antipsychotic medications taken antipsychotic medications least six months prior confession following arrest connelly initially found incompetent stand trial psychiatrist metzner confident consistently relate accurate information tr metzner testified connelly unable make free rational choices due auditory hallucinations hen read miranda rights probably capacity know read miranda rights able use information command hallucinations experienced achieved competency stand trial six months hospitalization treatment antipsychotic sedative medications record state trial found overwhelming evidence presented defense indicated prosecution meet burden demonstrating preponderance evidence initial statement officer anderson voluntary found police misconduct held question defendant exercise free choosing talk police exercised choice sic mandated auditory hallucination basis reality product psychotic break reality defendant time confession absolutely estimation volition choice make app colorado affirmed evaluating totality circumstances surrounding unsolicited confession waiver miranda rights ii absence police wrongdoing determine voluntariness confession mentally ill person requirement confession voluntary reflects recognition importance free reliability determining admissibility confession thus demands inquiry totality circumstances surrounding confession today decision restricts application term involuntary confessions obtained police coercion confessions mentally ill individuals persons coerced parties police officers considered voluntary failure recognize forms involuntariness coercion antithetical due process reflects refusal acknowledge free value constitutional consequence due process derives much meaning conception fundamental fairness emphasizes right make vital choices voluntarily fourteenth amendment secures state invasion right person remain silent unless chooses speak unfettered exercise malloy hogan right requires vigilant protection safeguard values private conscience human dignity assertion required establish brand new constitutional right recognize respondent claim ante ignores years constitutional jurisprudence stated culombe connecticut ultimate test remains clearly established test courts two hundred years test voluntariness confession product essentially free unconstrained choice maker line distinction governing lost compulsion whatever nature however infused propels helps propel confession emphasis added never confined focus police coercion value freedom demanded broader inquiry see blackburn alabama confession cases decided years since brown mississippi focused upon police overreaching free true police overreaching element every confession case date see ante also true every case made clear ensuring confession product free independent concern fact involuntary confessions always excluded part police signifies case first impression today never upheld admission confession reflect exercise free cites townsend sain blackburn support view police wrongdoing central focus inquiry townsend overturned murder conviction defendant conviction determined involuntary defendant suffered stomach pains induced heroin withdrawal police properly contacted physician administered medications alleviating withdrawal symptoms defendant confessed although physician denied purposely administered truth serum indication medications side effect upon narcotic addict townsend examined many relevant circumstances among defendant lack counsel time drug addiction fact near mental defective youth inexperience according today police wrongdoing townsend police physician allegedly given defendant drug properties confession obtained officers knew defendant given drugs ante fact police know medications doctor given defendant townsend expressly police wrongdoing essential factor significant drug may administered questions asked persons unfamiliar hyoscine properties truth serum properties exist questioning police officers fact produces confession product free intellect renders confession inadmissible usually stated test omitted emphasis original blackburn alabama held irrelevant absence evidence improper purpose part questioning officers evidence indicated interrogating officers thought defendant sane confessed judged confession inadmissible probability defendant fact insane time emphasis added abandons precedent favor view confessions rendered involuntary state action inadmissible relevant form state action police conduct even state action required police overreaching relevant form colorado held trial admission involuntary confession evidence also state action state analysis consistent brown mississippi heavily relies brown case involving use confessions trial makes clear due process clause requires state action whether one agency another shall consistent fundamental principles liberty justice lie base civil political institutions emphasis added citing hebert louisiana police conduct constitutes one form state action objective deterring improper police conduct part larger objective safeguarding integrity adversary system harris new york brennan dissenting logical flaw detects argument require courts divine defendant motivation speaking acting even though claim governmental conduct coerced decision ante criticism however ignores fact traditionally examined totality circumstances including motivation competence defendant determining whether confession voluntary even today admits interrogators turned subtle forms psychological persuasion courts found mental condition defendant significant factor voluntariness calculus ante holding involuntary confessions procured police misconduct thus inconsistent historical insistence confessions reflecting exercise free admitted evidence since redefines voluntary confessions include confessions mentally ill individuals reliability confessions becomes central concern concern reliability inherent criminal justice system relies upon accusatorial rather inquisitorial practices inquisitorial system prefers obtaining confessions criminal defendants accusatorial system must place faith determinations guilt evidence independently freely secured rogers richmond escobedo illinois justified reliance upon accusatorial practices learned lesson history ancient modern system criminal law enforcement comes depend confession long run less reliable subject abuses system depends extrinsic evidence independently secured skillful investigation footnotes omitted distrust reliance confessions due part decisive impact upon adversarial process triers fact accord confessions heavy weight determinations introduction confession makes aspects trial superfluous real trial practical purposes occurs confession obtained cleary mccormick evidence ed see also miranda arizona mapp ohio class evidence profoundly prejudicial see saltzburg standards proof preliminary questions fact stan rev thus decision confess trial amounts effect waiver right require state trial meet heavy burden proof cleary supra admission confession strongly tips balance defendant adversarial process must especially careful confession reliability date required finding reliability involuntary confessions confessions excluded upon finding involuntariness regardless reliability see jackson denno adoption today restrictive definition involuntary confession require heightened scrutiny confession reliability instant case starkly highlights danger admitting confession person severe mental illness trial made findings concerning reliability connelly involuntary confession since believed confession excludable basis involuntariness however overwhelming evidence record points unreliability connelly delusional mind connelly found incompetent stand trial unable relate accurate information psychiatrist indicated connelly actively hallucinating exhibited delusional thinking time confession see supra fact concedes statement rendered one condition respondent might proved quite unreliable ante moreover record barren corroboration mentally ill defendant confession physical evidence links defendant alleged crime police identify alleged victim body woman named defendant connelly identified alleged scene crime verified unidentified body found crime actually occurred shred competent evidence record linking defendant charged homicide connelly confession minimum standards due process require trial find substantial indicia reliability basis evidence extrinsic confession admitting confession mentally ill person evidence require trial make finding remand hold otherwise allows state imprison possibly execute mentally ill defendant based solely upon inherently unreliable confession iii inappropriately reaches address two miranda issues raised prosecutor petition certiorari burden proof upon government establishing voluntariness miranda rights effect mental illness waiver rights absence police misconduct emphatically dissent holding government need prove waiver preponderance evidence conclusion waiver automatically voluntary absence police coercion holding government need prove voluntariness waiver miranda rights preponderance evidence ignores explicit command miranda interrogation continues without presence attorney statement taken heavy burden rests government demonstrate defendant knowingly intelligently waived privilege right retained appointed counsel always set high standards proof waiver constitutional rights standards applied interrogation miranda arizona emphasis added citations omitted bases holding lego twomey lego concluded confession obtained defendant custody admitted evidence prosecution proved voluntariness preponderance evidence lego rationale rested two related premises first since involuntary confessions excluded even truthful voluntariness determination based reliability thus requirement proof beyond reasonable doubt every fact necessary constitute charged crime winship applicable concern winship reliability verdicts second four justices constituting majority lego rejected petitioner argument proof beyond reasonable doubt best serve constitutional values exclusionary rule meant protect four emphasized reliability evidence concern since involuntary confessions excluded found evidence federal rights suffered imposing weakest standard proof exclusionary rules adhere lego dissent constitutional ideal involuntary confessions never admitted defendant criminal cases deserves protection highest standard proof proof beyond reasonable doubt lower standard proof results admission involuntary confessions admitted prosecution required meet higher standard compelled alien american sense justice see way view ever justified even four justices lego correct holding irrelevant case presumption underlying reasoning lego reliability important concern involuntary confessions always excluded today redefines voluntariness involuntary confessions result police wrongdoing longer excluded voluntariness standard analysis part shows reliability become major concern admission confessions since reliability verdicts stake proof beyond reasonable doubt constitutes appropriate standard finally lego involved situation defendant custody contrast miranda waiver found defendant police custody coercive custodial interrogation atmosphere poses increased danger police overreaching police establish isolated conditions custody document voluntary waiver miranda rights disinterested witnesses recordings see miranda arizona supra therefore appropriate place higher burden proof government establishing waiver miranda rights ultimate irony even accepting preponderance evidence correct standard prosecution still failed meet burden proof colorado found metzner psychiatrist expert testify clearly established connelly incapable making free decision respecting miranda rights thus prosecution failed even modest standard imposed today prove connelly voluntarily waived miranda rights imports voluntariness analysis makes police coercion requirement finding involuntariness evaluation waiver miranda rights reasoning part supra applies fortiori involuntary confessions made custody involving waiver constitutional rights see also miranda arizona supra repeat said turn second requirement apart voluntariness requirement state must satisfy establish waiver miranda rights besides voluntary waiver must knowing intelligent see moran burbine recently noted waiver must made full awareness nature right abandoned consequences decision abandon ibid two requirements independent totality circumstances surrounding interrogation reveals uncoerced choice requisite level comprehension may properly conclude miranda rights waived ibid emphasis added since colorado found connelly clearly unable make intelligent decision clearly judgment affirmed reverses entire judgment however without explaining mistaken view voluntariness taint independent justification suppressing custodial confession leaving colorado free remand reconsider issues inconsistent opinion include view whether requirement knowing intelligent waiver satisfied see ante moreover remand today holding course preclude contrary resolution case based upon state separate interpretation constitution see south dakota opperman marshall dissenting dissent cf bram reviewing rule law england time adoption constitution fifth amendment citing hawkins pleas crown ed confession therefore whether made upon official examination discourse private persons obtained defendant either flattery hope impressions fear however slightly emotions may implanted admissible evidence law suffer prisoner made deluded instrument conviction emphasis added mincey arizona hard imagine situation less conducive exercise rational intellect free mincey greenwald wisconsin considering totality circumstances think credible petitioner statements product free rational choice beecher alabama still kind slumber last morphine injection feverish intense pain petitioner signed written confessions thus prepared davis north carolina level intelligence prompted comment even deciding claim involuntariness moral question whether person davis mentality executed reck pate defendant overborne confession deemed product rational intellect free culombe connecticut confession offered evidence man must product free choice payne arkansas footnotes omitted seems obvious totality course conduct particularly culminating threat mob violence confession coerced constitute expression free choice ashcraft tennessee induced fear violence hands mob fear officers even police knowledge defendant insanity required exclude involuntary confession record supports finding police knowledge case accepts trial finding police wrongdoing since trial judge view none police officers knew connelly insane tr plenary review record see miller fenton conclude finding clearly erroneous defendant confessed officer anderson officer first thought connelly crackpot tr today describes officer anderson nderstandably bewildered ante giving miranda warnings officer questioned defendant whether used drugs alcohol also asked connelly treated mental disorders defendant responded treated five different mental hospitals tr concludes detective antuna perceived indication whatsoever respondent suffering kind mental illness ante record indicates officer anderson informed detective defendant five hospitalizations mental institutions tr thus even test requiring police wrongdoing record indicates officers sufficient knowledge defendant mental incapacity render confession involuntary prior establishing rule excluding involuntary confessions held view fifth amendment bottom served guarantee conviction inherently untrustworthy evidence stein new york deciding hear case took unprecedented step rewriting prosecutor certiorari petition enabling seek reversal ground present colorado connelly brennan dissenting briefing order prosecutor expressly limited petition issue suppression involuntary confession pet cert despite directed parties brief question whether defendant mental condition rendered waiver miranda rights ineffective addition today decides yet another issue neither raised briefed either party holds government may establish defendant voluntary waiver miranda rights preponderance evidence also requires state readdress separate independent basis finding waiver invalid quite apart finding miranda waiver involuntary colorado found intelligent knowing decision although unaffected new analysis voluntariness requirement state forced reconsider independent justification decision ante actions reinforce appearance merely champion actually arm prosecution contrary assertion nowhere lego state voluntariness determination designed determine presence police coercion ante see lego twomey lego distinguish coercion police coercion exerted sources furthermore lego established proof beyond reasonable doubt inappropriately high standard decision criticized never demonstrating affirmatively choice standard appropriate use standard see saltzburg standards proof preliminary questions fact stan rev colorado chose apply standard lego analysis justify rejection intermediate standard