David W. is a young man who has an IQ of 49. He hasn’t finished high school, he reads at a 4th grade level. He doesn’t drive. He’s never gone grocery shopping. He’s never taken public transportation. He doesn’t go to movies. He lives at home with his family who takes care of him.
Last September, the police came to his home and hauled him out of his house and put him in a police car. One officer rapidly told him his Miranda Rights. David, who doesn’t want to reveal he doesn’t understand what people say and thinks that by being agreeable he won’t cause problems, agreed to talk to the police. His recorded statement clearly indicates he didn’t understand what was going on.
After an in court hearing, the court agreed that David could not have knowingly and voluntarily waived his Miranda Rights since he was not able to understand what the police said to him.