464 Mass. 566 - Appellant Montoya Brief - Mass Cases

variable that differentiates the inquiries into the
voluntariness of the waiver and the voluntariness of
the statement is the interrogation techniques used by
the investigating police officers. See Commonwealth v.
Scoggins, 439 Mss. 571, 577 (2003).
The defendant concedes that the evidence would
support a finding that the defendant waived his
Miranda rights. However, based upon the totality of
the circumstances, the Commonwealth has not discharged
the heavy burden that it has to show that the
defendant's statements to Lieutenant Brooks concernirig
the hide were voluntary. The undisputed evidence at
the motion hearing was that Trooper Saunders pressured
the defendant to co-operate with the police by telling
the defendant that he was being charged with a serious
crime and that it would be in his best interest to
talk with him. The defendant continued to be held in
the small booking room and handcuffed to the wall
until Lieutenant Brooks arrived. To put further
pressure on the defendant, Lieutenant Brooks told the
defendant that a K-9 had alerted the police to the
presence of narcotics in his motor vehicle. At first
the defendant did not say anything in response to this
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