Whether Lester Waters, Jr. could waive his rights 'knowingly and intelligently' while under the influence of alcohol

QUESTION(S) PRESENTED * HOW COULD LESTER WATERS, JR. WAIVE HIS RIGHTS "KNOWINGLY AND INTELLIGENTLY” WHILE UNDER THE INFLUENCE OF A SUBSTANCE “ALCOHOL” ? PER BERGHUIS v. THOMPKINS, 560 U.S 370,383,150 S. Ct 2250,176 L. ED. 2d 1098 (2010) A WAIVER IS ” KNOWING AND INTELLIGENT” WHEN IT 1S MADE WITH FUCL AWARENESS OF BOTH THE NATURE OF THE RIGHT ABANDONED AND THE CONSEQUENCE 26 QF ABANDONING THE RIGHT AND A WAIVER IS “VOLUNTARY” WHEN THE COURT CAN DETERMINE THAT THE WAIVER WAS A PRODUCT OF THE SUSPECT’S FREE AND DELIBERATE CHOICE. *HOW WAS LESTER WATERS, JR. PROTECTED AGAINST WHEN HE WAS NEVER READ HIS MIRANDA RIGHTS BEFORE BEING INTERROGATED. PURSUANT TO MINRANDA v. ARIZONA, 384 U.S 436,86 S. Ct.1602, 16L. ED. 2d. 694 (1966) “certain warnings must be warnings must be Given before a suspect’s statement made during custodial interrogation .Lcant be admitted into evidence.” BROCK v. LOGAN COUNTY SHERIFF'S DEPT OF ARKANSAS, 3 F.3d 1215,1217 (8th Cir.1993) (the remedy for the alleged miranda violation is the exclusion from evidence of any compelled self-incrimination, not a civel right’s action”) HOW WAS LESTER WATERS, JR. MIRANDA SAFEGUARD NOT PROTECTED WHEN BEING QUESTIONED IN THE BACKSEAT OF PATROL CAR BY OFFICER HUNTER? RHODE ISLAND v. INNIS 446 U.S 291, 300-01 (1980) “The miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent”