Criminal Law - Waiver - Pennslyvania Constitution Requires an Explicit Waiver of Miranda Rights

Bruce B. Bussey was arrested in connection with a murder investigation. 1 At the scene of the arrest, Bussey was given the Miranda warnings 2 advising him of his constitutional rights.3 He did not, however, explicitly indicate that he understood or waived those rights.4 Bussey was transported to a local police station, 5 where, after he stated that he was "all right and not under the influence of drugs or alcohol," 6 he was asked if he knew why he was arrested.7 In response to the question, he implicated himself in the murder, stating that he had "killed that dude in Pennsylvania."8 Later that night, after being reminded of his admission, 9 Bussey gave two complete accounts of his complicity in the crime.101. Commonwealth v. Bussey, 29 Bucks Co. L. Rep. 114, 120 (1976), rev'd, 486 Pa.221, 404 A.2d 1309 (1979).Bussey was arrested by New Jersey police at 1:30 a.m. on December 14, 1973 in Burlington, New Jersey.29 Bucks Co. L. Rep. at 120.2. See Miranda v. Arizona, 384 U.S. 436 (1966).Under Miranda, prior to interrogation, law enforcement officials must inform a suspect that "he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires."Id. at 478-79.For a discussion of Miranda, see notes 23-24 and 31-34 and accompanying text infra. 29Bucks Co. L. Rep. at 118. 4. 486 Pa. at 227, 404 A.2d at 1312. 5. 29 Bucks Co. L. Rep. at 120. 6. 486 Pa. at 227. 404 A.2d at 1312.Bussey's statement was in response to a question put to him by a detective.Id. 7. 29 Bucks Co. L. Rep. at 119.8. Id. 9. Id.Following his answer, at 1:45 a.m., to the question of why he thought he had been picked up, Bussey made two statements in questioning sessions conducted at 2:00 a.m. and 4:28 a.m., respectively.Id. at 120-21.10.Id. at 120-21.In the 2:00 a.m.session, Bussey was again given the Miranda warning before being subjected to questioning.Id. at 120.After acknowledging that he understood his rights and declaring that he was "willing to answer questions without the presence of an attorney," Bussey denied complicity in the crime and blamed the killing on "three men who broke into [Bussey's] house .... ."486 Pa. at 227, 404 A.2d at 1312.Relying on Bussey's earlier answer to the question of why Bussey thought he had been arrested, a state trooper accused Bussey of lying.Id.Bussey, close to tears, then gave an incriminating statement.29 Bucks Co. L. Rep. at 117.The questioning session ended at 2:30 a.m. on instructions from the district attorney's office to (205)