United States v. Aripa
132 F. 3d 40, 1997 WL 787487 (9th Cir.)
Aripa waived her Miranda rights and confessed to
distributing
cocaine. She sought to overturn her resulting conviction on the ground
that her waiver of those rights was not knowing and intelligent.
Aripa offered testimony that she had an IQ of 76, and that
neuropsychological testing revealed a "generalized impairment consistent
with either fetal alcohol syndrome or an extended high fever." (1997 WL
787487 at *4.) The psychologist did not state any conclusion regarding
Aripa's ability to waive her rights. Aripa had been a special education
student who dropped out of school in the eighth grade.
The detective who questioned her testified that Aripa said she
understood her rights, said she would waive her rights, and signed a form
waiving her rights. The detective also stated that Aripa "seemed fine",
spoke "freely and clearly" and was "responsive." (1997 WL 787487 at *4.)
The courts held that Aripa's waiver of her rights was valid. The
copy of the opinion we have is incomplete, so the reasoning is
unclear.