But intoxication alone does not preclude a valid waiver. See United States v. Figueroa-Serrano, 971 F.3d 806, 815 (8th Cir. 2020) (finding a valid Miranda waiver when the suspect, after using marijuana, did not appear affected by intoxication and told officers he understood his rights). Instead, the test is whether, considering the totality of the circumstances, the mental impairment “caused the defendant’s will to be overborne.” United States v. Jones, 842 F.3d 1077, 1083 (8th Cir. 2016).
Read full case here: United States v. Harris, — F.4th —- (2023), https://ecf.ca8.uscourts.gov/opndir/23/04/221210P.pdf
Anton Vialtsin, Esq.
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