Commonwealth v. Chacko, 459 A.2d 311 (Pa. 1983). · Go Syfert
Commonwealth v. Chacko, 459 A.2d 311 (Pa. 1983). Cases Citing This Book View Copy Cite
305 citation events (129 in the last 25 years) across 15 distinct courts.
Strongest positive: Com. v. Winter, J. (pasuperct, 2016-12-29)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Com. v. Winter, J.
Pa. Super. Ct. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the fact that a defendant possesses a low i.q. does not in itself render his confession involuntary.
examined Cited as authority (verbatim quote) Oregon v. Elstad (6×) also: Cited as authority (quoted), Cited as authority (rule)
SCOTUS · 1985 · quote attribution · 4 verbatim quotes · confidence high
after being given his miranda warnings it is clear defendant maintained his intention to provide his questioners with his version of the incident
examined Cited as authority (quoted) Commonwealth v. Ruder (2×)
Pa. Super. Ct. · 2013 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
it is appropriate to consider all of the testimony, not just the testimony presented at the suppression hearing, in determining when evidence was properly admitted.
discussed Cited as authority (rule) Com. v. Stiver, J.
Pa. Super. Ct. · 2021 · confidence medium
A person is in custody whenever, "he is physically deprived of his freedom in any significant way or is placed in asituation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation." Commonwealth v. Chacko, 459 A.2d 311, 314 (Pa. 1983).
cited Cited as authority (rule) Com. v. McEneaney, C.
Pa. Super. Ct. · 2019 · confidence medium
See Miranda, 384 U.S. at 436, 444, 478-79 , 86 S.Ct.1602; Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314-15 (1983).
discussed Cited as authority (rule) Com. v. Moore, K.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Chacko, 459 A.2d 311, 317 (Pa. 1983), abrogated on other grounds by In re L.J., 79 A.3d 1073 (Pa. 2013). [I]n the suppression realm, the focus is upon police conduct and whether a knowing, intelligent, and voluntary waiver was effected based on a totality of the circumstances, which may include consideration of a defendant’s mental age and condition, low IQ, limited education, and general condition.
cited Cited as authority (rule) Com. v. Gudino, A.
Pa. Super. Ct. · 2018 · confidence medium
Com. v. Lark, 477 A.2d 857, 860-61 (1984) (citing Com. v. Chacko 459 A.2d 311, 315 (1983) In Lark, police initially approached their suspect to inform him of his rights and the charges against him.
discussed Cited as authority (rule) Com. v. Chac, B.
Pa. Super. Ct. · 2016 · confidence medium
In effect, 'lt]he test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or.is placed in a situation in which he reasonably believes that.his Commw. v. Bohdan Chae Page 27 of36 freedom of action or movement is restricted by such interrogation." Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983).
cited Cited as authority (rule) In the Interest of C.O.
Pa. Super. Ct. · 2014 · confidence medium
See Miranda, 384 U.S. at 436, 444, 478-79 , 86 S.Ct. 1602 ; Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314-15 (1983).
discussed Cited as authority (rule) In the Interest of L.J.
Pa. · 2013 · confidence medium
State v. Randall, 94 Ariz. 417 , 385 P.2d 709, 710 (Ariz.1963) (warrantless arrest); State v. Whitaker, 215 Conn. 739 , 578 A.2d 1031, 1033 (Conn.1990) (voluntariness of confession); People v. Gilliam, 172 Ill.2d 484 , 670 N.E.2d 606, 614 , 218 Ill.Dec. 884 (Ill.1996) (voluntariness of statement); Lamb v. State, 264 Ind. 563 , 348 N.E.2d 1, 3 (Ind.1976) (voluntariness of statement); State v. Jackson, 542 N.W.2d 842, 844 (Iowa 1996) (inventory search); State v. Chopin, 372 So.2d 1222, 1224, n. 2 (La.1979) (investigatory stop); State v. Parkinson, 389 A.2d 1, 10 (Me.1978) (warrantless arrest); S…
discussed Cited as authority (rule) Commonwealth v. Karper
pactcomplcarbon · 2007 · confidence medium
“The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983) (citations omitted); see also, Commonwealth v. Boczkowski, 577 Pa. 421, 447 , 846 A.2d 75, 90 (2004). “[T]he test is not what the police intended but rather the reasonable impression con…
discussed Cited as authority (rule) Commonwealth v. Eichinger (2×)
Pa. · 2007 · confidence medium
Commonwealth. v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314 (1983) (citing Miranda, 384 U.S. at 444 , 86 S.Ct. 1602 ).
discussed Cited as authority (rule) Commonwealth v. Umstead
Pa. Super. Ct. · 2007 · confidence medium
Our Supreme Court agreed, finding that under the circumstances, “the detective should have known that his comments and conduct were reasonably likely to evoke an effort on [the defendant’s] part to defend himself and give his own version of his involvement in the crimes at issue.” Id. at 431, 787 A.2d at 403 . ¶ 13 In Turner, supra, police officers responded to a report of an automobile accident and found the defendant leaning against a white vehicle that had apparently collided with a parked vehicle.
discussed Cited as authority (rule) Commonwealth v. Clinton
Pa. Super. Ct. · 2006 · confidence medium
The failure of police detectives to administer the appropriate warnings properly compels suppression. ¶ 2 A citizen is subject to “custodial interrogation” if he is “physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” Commonwealth v. Turner, 772 A.2d 970, 973 (Pa.Super.2001) (en banc) (citing Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314 (1983)).
discussed Cited as authority (rule) Commonwealth v. Jennings
pactcomplbradfo · 2005 · confidence medium
In Commonwealth v. Chacho, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983), the Pennsylvania Supreme Court states that Miranda warnings are necessary if the suspect “is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” Additionally, the court in Commonwealth v. Mannion, 725 A.2d 196, 200 (Pa. Super. 1999), instructs that “[t]he standard for determining whether an encounter with the police is deemed ‘custodial’ or police have initiated a custodia…
discussed Cited as authority (rule) Commonwealth v. Miller
pactcomplfayett · 2005 · confidence medium
The Superior Court agreed with the Commonwealth and stated that “The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interro gation....[Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983) (citing Miranda v. Arizona, 384 U.S. 436, 444 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694 (1966)).] “Miranda warnings are nece…
cited Cited as authority (rule) In re K.Q.M.
Pa. Super. Ct. · 2005 · confidence medium
See Miranda, 384 U.S. at 436, 444, 478-79 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Commonwealth v. Chacho, 500 Pa. 571 , 459 A.2d 311, 314-15 (1983).
cited Cited as authority (rule) In Re KQM
Pa. Super. Ct. · 2005 · confidence medium
See Miranda, 384 U.S. at 436, 444, 478-79 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314-15 (1983).
cited Cited as authority (rule) Commonwealth v. McCarthy
Pa. Super. Ct. · 2003 · confidence medium
Commonwealth v. Turner, 772 A.2d 970 (Pa.Super.2001), citing Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314 (1983).
examined Cited as authority (rule) Commonwealth v. Heggins (3×)
Pa. Super. Ct. · 2002 · confidence medium
Id. at 313-314.
cited Cited as authority (rule) In the Interest of R.H.
Pa. · 2002 · confidence medium
See Miranda, 384 U.S. at 436, 444, 478-79 , 86 S.Ct. 1602 ; Commonwealth v. Chacho, 500 Pa. 571 , 459 A.2d 311, 314-15 (1983).
cited Cited as authority (rule) In Re RH
Pa. · 2002 · confidence medium
See Miranda, 384 U.S. at 436, 444, 478-79 , 86 S.Ct. 1602 ; Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 314-15 (1983).
examined Cited as authority (rule) Commonwealth v. DeJesus (4×) also: Cited "see"
Pa. · 2001 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571 , 459 A.2d 311, 315 (1983).
cited Cited as authority (rule) State v. Evans
Ohio Ct. App. · 2001 · confidence medium
(C.A.7, 1997), 115 F.3d 413, 420, fn. 10 ; Commonwealth v. Chacko (1983), 500 Pa. 571, 581 , 459 A.2d 311, 315, fn. 3 . 31 .
discussed Cited as authority (rule) State v. Henning (2×)
Tenn. · 1998 · confidence medium
State v. Randall, 94 Ariz. 417 , 385 P.2d 709, 710 (1963) (warrantless arrest); State v. Whitaker, 215 Conn. 739 , 578 A.2d 1031, 1033 (1990) (voluntariness of confession); People v. Gilliam, 172 Ill.2d 484 , 218 *298 Ill.Dec. 884, 670 N.E.2d 606, 614 (1996) (voluntariness of statement); Lamb v. State, 264 Ind. 563 , 348 N.E.2d 1, 3 (1976) (voluntariness of statement); State v. Jackson, 542 N.W.2d 842, 844 (Iowa 1996) (inventory search); State v. Chopin, 372 So.2d 1222, 1224, n. 2 (La.1979) (investigatory stop); State v. Parkinson, 389 A.2d 1, 10 (Me.1978) (warrantless arrest); State v. Sharp,…
cited Cited as authority (rule) Commonwealth v. Cox
Pa. · 1996 · confidence medium
Commonwealth v. Chacho, 500 Pa. 571, 582 , 459 A.2d 311, 317 (1983).
discussed Cited as authority (rule) Commonwealth v. Dewar (2×)
Pa. Super. Ct. · 1996 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 578-579 , 459 A.2d 311, 315 (1983) (citing Rhode Island v. Innis, 446 U.S. 291 , 100 S.Ct. 1682 , 64 L.Ed.2d 297 (1980)).
cited Cited as authority (rule) Commonwealth v. Rucci
Pa. · 1996 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 573 , 459 A.2d 311, 314 (1983).
discussed Cited as authority (rule) Commonwealth v. Rosario (2×)
Pa. Super. Ct. · 1994 · confidence medium
Id., 425 Pa.Super. at 67 , 624 A.2d at 147 (quoting Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983)).
discussed Cited as authority (rule) Commonwealth v. Whitehead
Pa. Super. Ct. · 1993 · confidence medium
In Commonwealth v. Chacho, 500 Pa. 571, 577-79 , 459 A.2d 311, 314 (1983) (citations omitted), the Pennsylvania Supreme Court delineated what constituted custodial interrogation: The test for determining whether a suspect is being subjected to custodial interrogations as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation — We conclude that the Miranda safeguards come into play whenever a person in custod…
discussed Cited as authority (rule) Commonwealth v. Foster (2×)
Pa. Super. Ct. · 1993 · confidence medium
Id. at 577 , 459 A.2d at 314 (citations omitted).
discussed Cited as authority (rule) Commonwealth v. Bowers
Pa. · 1990 · confidence medium
A suspect is subjected to custodial police interrogation when “he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983).
discussed Cited as authority (rule) Commonwealth v. Reed (2×)
Pa. · 1990 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983).
discussed Cited as authority (rule) Commonwealth v. McFadden
Pa. · 1989 · confidence medium
Commonwealth v. Kichline, 468 Pa. 265 , 361 A.2d 282 (1976). “[T]he determination as to whether a knowing, voluntary and intelligent waiver was effected is to be made by viewing the totality of the circumstances.” Commonwealth v. Chacko, 500 Pa. 571, 583 , 459 A.2d 311, 317 (1983).
discussed Cited as authority (rule) Commonwealth v. Edwards
Pa. · 1989 · confidence medium
Commonwealth v. Kichline, 468 Pa. 265 , 361 A.2d 282 (1976). “[T]he determination as to whether a knowing, voluntary and intelligent waiver was effected is to be made by viewing the totality of the circumstances.” Commonwealth v. Chacko, 500 Pa. 571, 583 , 459 A.2d 311, 317 (1983).
discussed Cited as authority (rule) Commonwealth v. Smith
Pa. · 1989 · confidence medium
In Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983), the Pennsylvania Supreme Court followed the mandates of Miranda and ruled that “[t]he test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in *299 any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” This court has further stated that the fact that a defendant was the focus of the investigation is…
discussed Cited as authority (rule) Commonwealth v. Gonzalez (2×)
Pa. · 1988 · confidence medium
Commonwealth v. Meyer, 488 Pa. 297, 306 , 412 A.2d 517, 521 (1980) (numerous citation omitted); Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983)." Commonwealth v. Ziegler, 503 Pa. 555, 563 , 470 A.2d 56, 59, 60 (1981) (Concurring Opinion by Larsen, J.) Although the appellant had a duty under the Motor Vehicle Code to stay at the scene of the accident and identify himself and his vehicle, and exhibit his operator's license and proof of insurance (75 Pa.C.S.A. §§ 3742, 3743 and 3744), he was not under arrest, nor was he in custody.
discussed Cited as authority (rule) Commonwealth v. Jermyn (2×)
Pa. · 1987 · confidence medium
“The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” Commonwealth v. Chacho, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983).
discussed Cited as authority (rule) Commonwealth v. Ramos (2×)
Pa. · 1987 · confidence medium
Commonwealth v. Chacko, 500 Pa. at 580, n. 3 , 459 A.2d at 315, n. 3 , quoting, Battie v. Estelle, 655 F.2d 692, 699 (5th Cir.1981).
discussed Cited as authority (rule) Commonwealth v. Fento
Pa. · 1987 · confidence medium
In Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983), the Pennsylvania Supreme Court followed the mandate of the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436, 444 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694 (1966) and ruled: The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation, (cita…
discussed Cited as authority (rule) Commonwealth v. Golder
pactcomplnorthu · 1987 · confidence medium
The standard which must be followed is set forth in Commonwealth v. Chacko, 500 Pa. 571, 573 , 459 A.2d 311, 314 (1983) where the court stated “a per: son is in' custody when he is physically deprived in any significant way or is placed in a situation in which he reasonably believes that'his freedom of action or movement is restricted by such interrogation.” The facts presented at hearing of this motion indicate that defendant repeatedly told emergency personnel to leave her alone.
cited Cited as authority (rule) Commonwealth v. Carbaugh
Pa. · 1986 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 580 , 459 A.2d 311, 316 (1983).
cited Cited as authority (rule) Commonwealth v. Zimmerman
Pa. · 1986 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983).
examined Cited as authority (rule) Commonwealth v. Hubble (8×) also: Cited "see, e.g."
Pa. · 1986 · confidence medium
See: Com monwealth v. Chacho, 500 Pa. 571, 578-82 , 459 A.2d 311, 314-316 (1983) (numerous further citations omitted).
discussed Cited as authority (rule) Commonwealth v. Holcomb (2×)
Pa. · 1985 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 573 , 459 A.2d 311, 314 (1983) (citations omitted). [9] Because the evidence shows that appellant was not in custody, counsel was no ineffective for conceding this point.
discussed Cited as authority (rule) Commonwealth v. McGrath (2×)
Pa. · 1985 · confidence medium
In Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983), we held: The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.
discussed Cited as authority (rule) Commonwealth v. Lark (2×)
Pa. · 1984 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 578-79 , 459 A.2d 311, 315 (1983) (emphasis added).
cited Cited as authority (rule) Commonwealth v. Anderl
Pa. · 1984 · confidence medium
Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983); Commonwealth v. Meyer, 488 Pa. 297 , 412 A.2d 517 (1980); Commonwealth v. Brown, 473 Pa. 562 , 375 A.2d 1260 (1977).
examined Cited as authority (rule) Commonwealth v. McGrath (6×) also: Cited "see, e.g."
Pa. · 1984 · confidence medium
As Mr. Justice Nix explained in Commonwealth v. Chacko, 500 Pa. 571, 577 , 459 A.2d 311, 314 (1983), in Pennsylvania, the "test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation." (citations omitted).
discussed Cited as authority (rule) Commonwealth v. Hubble
Pa. · 1984 · confidence medium
See: Commonwealth v. Chacko, 500 Pa. 571, 577-80 , 459 A.2d 311, 314-316 (1983); Commonwealth v. Brown, supra 473 Pa. at 570 , 375 A.2d at 1264 ; Commonwealth v. O’Shea, 456 Pa. 288 , 318 A.2d 713 , cert. denied, 419 U.S. 1092 , 95 S.Ct. 686 , 42 L.Ed.2d 685 (1974); Commonwealth v. Yount, 455 Pa. 303, 309 , 314 A.2d 242, 245-246 (1974); Commonwealth v. Romberger, 454 Pa. 279, 283 , 312 A.2d 353, 355 (1973), vacated, 417 U.S. 964 , 94 S.Ct. 3166 , 41 L.Ed.2d 1136 (1974), reinstated on remand, 464 Pa. 488 , 347 A.2d 460 (1975); Commonwealth v. D’Nicuola, 448 Pa. 54, 57 , 292 A.2d 333, 335 (1…
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
David CHACKO, Appellant
189.
Supreme Court of Pennsylvania.
Apr 27, 1983.
459 A.2d 311
1983 Pa. LEXIS 505
John H. Corbett, Jr., Chief, Appellate Div., Public Defender, Mitchell A. Kaufman, Pittsburgh, for appellant., Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Melinda G. Tell, Asst. Dist. Atty., Pittsburgh, for appellee.
Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala.
Cited by 138 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #3,397 of 633,719
Citer courts: Superior Court of Pennsylvania (2) · Supreme Court (2)

Opinion of the Court

NIX, Justice.

This is a direct appeal from the judgment of the Court of Common Pleas of Allegheny County sentencing appellant to life imprisonment upon his conviction of first degree murder. [1] Appellant challenges the admissibility of inculpatory statements he gave during custodial interrogation, arguing (1) that he was not given Miranda warnings before making his initial statement, which rendered inadmissible that statement and subsequent post-warning statements thereby tainted, and (2) that his intelligence level and psychological state made him incapable of effecting a valid waiver of his right to remain silent and right to counsel. Having examined the record we are satisfied that neither claim has merit and, accordingly, we affirm the judgment of sentence.

I.

At the time of the homicide appellant, his co-defendant, John Keen, and the victim, Barney Russell, were inmates at[*576] the State Correctional Institute at Pittsburgh. The testimony of fellow inmate Nathan Thomas, the Commonwealth’s eyewitness, established the following. On December 26, 1977, appellant, Keen and Thomas were seated together in the prison auditorium watching a movie when Russell approached and sat beside them. Keen became angry and left the auditorium. Appellant, Keen and two other inmates confronted Thomas in the prison laundry the following morning, asking him if he had heard that Russell had threatened appellant. Thomas replied that he had not. Keen then told Thomas that if Russell threatened appellant, Russell would have to leave the prison because there would be “no place in the jail that he could go.” Following this conversation Thomas left for his job in the prison butcher shop. At 11:00 a.m. Russell approached Thomas as Thomas left the shop and followed him to his cell. While Russell was in Thomas’s cell, appellant and Keen appeared at the door. Keen, after asking to speak with Thomas, entered the cell and stabbed Russell repeatedly. Keen then threw his knife onto Thomas’s bed and told appellant to “finish [Russell] off.” Appellant entered the cell and, using both Keen’s knife and his own, stabbed Russell an additional four to five times. Appellant, Keen and Thomas then left the scene. Russell died on April 17, 1978, as a result of the multiple stab wounds.

The evidence further establishes that at approximately 1:00 p.m. on December 27, 1977, appellant was informed by prison guards that the Major of the Guard, Lawrence J. Weyandt (Major) wished to see him. Appellant walked to the Major’s office, entered and sat down. The Major was on the telephone when appellant arrived. The institution’s Director of Treatment, James A. Wigton (Director), who was also present, asked appellant if he was involved in the stabbing incident. Appellant replied that he was the one who had stabbed Russell. The Major immediately terminated his phone call and gave appellant appropriate Miranda warnings. Appellant, after the warnings, elected to make a[*577] statement in which he asserted that he had stabbed Russell in self defense during a fight.

On the following day, December 28, 1977, appellant was interviewed by State Trooper Walter A. Knaus (State Trooper) in the office of another prison official. After being advised of his constitutional rights, appellant elected again to substantially repeat the statement he had given the prison officials the previous day. Appellant was subsequently arrested and charged with murder in the first and third degrees and voluntary manslaughter. His motion to suppress his inculpatory statements was denied, and he was convicted after a bench trial of first degree murder on November 16,1978. Appellant was sentenced on September 21,1979 to a term of life imprisonment to run consecutive to the sentence he was then serving. This appeal followed.

II.

Appellant argues first that his initial statement to the Director should have been suppressed because it was obtained before he was advised of his constitutional rights during the course of a custodial interrogation in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). With this aspect of appellant’s argument we are in agreement. The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation. Commonwealth v. Meyer, 488 Pa. 297, 412 A.2d 517 (1980); Commonwealth v. Brown, 473 Pa. 562, 375 A.2d 1260 (1977); Commonwealth v. Fisher, 466 Pa. 216, 352 A.2d 26 (1976); Commonwealth v. O’Shea, 456 Pa. 288, 318 A.2d 713, cert. denied 419 U.S. 1092, 95 S.Ct. 686, 42 L.Ed.2d 685 (1974). Mathis v. United States, 391 U.S. 1, 88 S.Ct. 1503, 20 L.Ed.2d 381 (1968) established that an individual incarcerated on charges unrelated to the subject of the interrogation is “in custody” for Miranda purposes. See Oregon v. Mathiason, [*578] 429 U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977); Beckwith v. United States, 425 U.S. 341, 96 S.Ct. 1612, 48 L.Ed.2d 1 (1976). [2]

While this Court has not had occasion to address the precise issue raised herein, we have unquestionably embraced the Mathis principle. As this Court, applying Mathis, stated in Commonwealth v. Simala, 434 Pa. 219, 252 A.2d 575 (1969): “[W]hen a defendant is placed in custody for any reason, he cannot be interrogated without first being advised of his rights. ... ” Id., 434 Pa. at 224-225, 252 A.2d at 578. Thus we conclude that, since appellant was incarcerated at the time of questioning, he was “in custody” for purposes of Miranda.

We must next determine whether the Director’s question concerning appellant’s involvement amounted to interrogation. As the United States Supreme Court recently[*579] explained in Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980):

We conclude that the Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. That is to say, the term “interrogation” under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police. This focus reflects the fact that the Miranda safeguards were designed to vest a suspect in custody with an added measure of protection against coercive police practices, without regard to objective proof of the underlying intent of the police. A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation. But, since the police surely cannot be held accountable for the unforeseeable results of their words or actions, the definition of interrogation can extend only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response.
Id. at 300-302, 100 S.Ct. at 1689-1690, 64 L.Ed.2d at 307-308 (footnotes omitted) (emphasis in original).

See Commonwealth v. Yount, 455 Pa. 303, 314 A.2d 242 (1974); Commonwealth v. Mercier, 451 Pa. 211, 302 A.2d 337 (1973); Commonwealth v. Simala, supra.

The Director testified that he asked appellant, “Are you involved in the incident that happened this morning?” Whatever the Director’s motive in putting the question to appellant, such a direct question was clearly “likely to elicit an incriminating response.” The Director conceded this fact on cross examination at the suppression hearing. Thus, appellant was subjected to interrogation while in custody, mandating Miranda warnings before questioning. Because[*580] no warnings were given until after appellant’s initial statement, that statement should have been suppressed. [3] Mathis v. United States, supra; Miranda v. Arizona, supra; Commonwealth v. Ware, 438 Pa. 517, 265 A.2d 790 (1970).

Although we agree that the admission at trial of this first inculpatory statement constituted a technical violation of Miranda, we do not believe that it requires a disturbance of the verdict. Our reason for that conclusion is based on our judgment that the subsequent statements, which were more detailed and comprehensive, were properly admitted and thereby rendered the introduction of the initial statement harmless. See Commonwealth v. Ashburn, 459 Pa. 625, 331 A.2d 167 (1975); cf. Commonwealth v. Bishop, 489 Pa. 96, 413 A.2d 1031 (1980); Commonwealth v. Evans, 489 Pa. 85, 413 A.2d 1025 (1980); Commonwealth v. Glover, 446 Pa. 492, 286 A.2d 349 (1972); Commonwealth v. Thomas, 443 Pa. 234, 279 A.2d 20 (1971).

We must next consider appellant’s objections to the subsequent statements. Appellant contends that these later statements were tainted by the illegality in eliciting the original admission. It is well established that a confession obtained after a suspect has been adequately advised of his constitutional rights is not ipso facto inadmissible because an[*581] earlier confession or inculpatory statement was made in the absence of a warning as to those rights. Commonwealth v. Greene, 456 Pa. 195, 317 A.2d 268 (1974); Commonwealth v. Frazier, 443 Pa. 178, 279 A.2d 33 (1971); Commonwealth v. Moody, 429 Pa. 39, 239 A.2d 409, cert. denied, 393 U.S. 882, 89 S.Ct. 189, 21 L.Ed.2d 157 (1968). However, the burden is on the Commonwealth to demonstrate that the subsequent statement was not the product of the exploitation of the original illegality and was obtained under circumstances sufficiently distinguishable to purge it of its original taint. Commonwealth v. Whitaker, 461 Pa. 407, 336 A.2d 603 (1975); Commonwealth v. Fogan, 449 Pa. 552, 296 A.2d 755 (1972); Commonwealth v. Marabel, 445 Pa. 435, 283 A.2d 285 (1971); Commonwealth v. Ware, supra; Commonwealth v. Bordner, 432 Pa. 405, 247 A.2d 612 (1968); Commonwealth v. Banks, 429 Pa. 53, 239 A.2d 416 (1968); Commonwealth v. Moody, supra. The causal connection can be broken by a sufficient showing that the confession was “an act of free will.” Wong Sun v. United States, 371 U.S. 471, 486, 83 S.Ct. 407, 416, 9 L.Ed.2d 441, 454 (1963); Commonwealth v. Whitaker, supra; Commonwealth v. Bishop, 425 Pa. 175, 228 A.2d 661, cert. denied, 389 U.S. 875, 88 S.Ct. 168, 19 L.Ed.2d 159 (1967).

Appellant’s testimony at the suppression hearing and at trial establishes that he went to the Major’s office with the intention of explaining the circumstances of the stabbing, and that he decided to make the statement because he wanted to exonerate himself by establishing that he had stabbed Russell in self defense. After being given his warnings, it is clear that he maintained his intention to provide his questioners with his version of the incident. Cf. Commonwealth v. Greene, supra; Commonwealth v. Moody, supra. In addition, there is nothing in the record to indicate that the prison officials attempted to exploit appellant’s initial statement, cf. Commonwealth v. Kenny, 449 Pa. 562, 297 A.2d 794 (1972); Commonwealth v. Ware, supra; or that the statement created psychological pressure to confess, cf. Commonwealth v. Whitaker, supra; Commonwealth v. Bart [*582] lett, 446 Pa. 392, 288 A.2d 796 (1972); Commonwealth v. Frazier, supra. We conclude that appellant’s statement was an act of free will sufficient to break the causal connection between his initial, illegally obtained statement and his subsequent statements. Any taint thus having been purged, the latter statements were properly admitted. [4]

II.

Appellant also contends that, because of his mental condition and the situation with which he was confronted, he was incapable of effecting a knowing, voluntary and intelligent waiver of his right to remain silent and right to counsel, rendering his statements involuntary. This argument is without merit.

Appellant bases his claim solely upon a psychiatric evaluation, prepared by the staff of Fairview State Hospital, which was introduced as an exhibit at the suppression hearing^ In that report appellant was characterized as a “mental retardation subject” whose I.Q. placed him in the “dull-normal” range. This Court has consistently declined to adopt a per se rule of incapacity to waive constitutional rights based on mental or physical deficiencies. See Commonwealth v. Glover, 488 Pa. 459, 412 A.2d 855 (1980); Commonwealth v. Hicks, 466 Pa. 499, 353 A.2d 803 (1976); Commonwealth v. Scoggins, 451 Pa. 472, 304 A.2d 102 (1973); Commonwealth v. Daniels, 451 Pa. 163, 301 A.2d 841 (1973).

Further, this Court has clearly established that the fact that a defendant possesses a low I.Q. does not in itself render his confession involuntary. Commonwealth v. Glo [*583] ver, 488 Pa. 459, 412 A.2d 855 (1980) (I.Q. 70); Commonwealth v. Johnson, 467 Pa. 146, 354 A.2d 886 (1976) (I.Q. 63-70); Commonwealth v. Crosby, 464 Pa. 337, 346 A.2d 768 (1975) (I.Q. 70-75); Commonwealth v. Tucker, 461 Pa. 191, 335 A.2d 704 (1975) (I.Q. 75-79); Commonwealth v. Darden, 441 Pa. 41, 271 A.2d 257 (1970), cert. denied 401 U.S. 1004, 91 S.Ct. 1243, 28 L.Ed.2d 540 (1971) (I.Q. 71-76); Commonwealth v. Willman, 434 Pa. 489, 255 A.2d 534 (1969) (I.Q. 60); Commonwealth ex rel. Joyner v. Brierley, 429 Pa. 156, 239 A.2d 434 (1968) (I.Q. 80). Rather, the determination as to whether a knowing, voluntary and intelligent waiver was effected is to be made by viewing the totality of the circumstances. Commonwealth v. Jackson, 497 Pa. 591, 442 A.2d 1098 (1982); Commonwealth v. Kichline, 468 Pa. 265, 361 A.2d 282 (1976); Commonwealth v. Johnson, supra; Commonwealth v. Jones, 457 Pa. 423, 322 A.2d 119 (1974); Commonwealth v. Hallowell, 444 Pa. 221, 282 A.2d 327 (1971); Commonwealth v. Moore, 440 Pa. 86, 270 A.2d 200 (1970). As this Court stated in Commonwealth v. Kichline, supra:

All attending circumstances surrounding the confession must be considered in this determination. These include: the duration and methods of the interrogation; the length of delay between arrest and arraignment; the conditions of detainment; the attitudes of the police toward defendant; defendant’s physical and psychological state; and all other conditions present which may serve to drain one’s power of resistence to suggestion or to undermine one’s self-determination. See Culombe v. Connecticut, supra 367 U.S. [568] at 602, 81 S.Ct. [1860] at 1879 [6 L.Ed.2d 1037]; Commonwealth v. Boyd, 461 Pa. 17, 30-32, 334 A.2d 610, 617-18 (1975); Commonwealth v. Purvis, 458 Pa. 359, 364, 326 A.2d 369, 371 (1974); Commonwealth v. Simms, 455 Pa. 599, 602-03, 317 A.2d 265, 267 (1974).
Id. 468 Pa. at 279, 361 A.2d at 290.

Turning to the circumstances surrounding appellant’s statement to the prison officials, it becomes obvious that appellant’s waiver was not constitutionally infirm. Af[*584] ter being informed that the Major wished to speak with him, appellant walked to the Major’s office unescorted, [5] entered and sat down. Appellant testified that he was “a little nervous” but that there was nothing physically or mentally wrong with him at the time, that he was awake, alert and aware of what was going on, and that he was not coerced in any way. Appellant’s testimony is corroborated by that of the Major which further establishes that appellant answered questions promptly, did not appear to have difficulty understanding and did not ask him to repeat or clarify questions. Moreover, the Director’s testimony is consistent with that of appellant and the Major. Finally, the record gives no indication that there were any unusual circumstances attending appellant’s interview with the State Trooper. Appellant testified that he knowingly and willingly waived his rights and gave his statement voluntarily and without coercion. The State Trooper indicated that appellant was responsive, had no difficulty in speaking and seemed “perfectly normal.” This uncontradicted evidence amply supports the suppression court’s conclusion that appellant’s statements were voluntary.

For all of the foregoing reasons, the Judgment of Sentence is affirmed.

ROBERTS, C.J., concurs in the result.
1

. Jurisdiction is vested in this Court pursuant to the Act of July 9, 1976, P.L. 586, No. 142, § 2(1), formerly codified at 42 Pa.C.S. § 722(1), prior to its amendment by the Act of September 23, 1980, P.L. 686, No. 137, § 1.

2

. This interpretation of Mathis is acknowledged in a majority of federal and state jurisdictions. See, e.g., Battie v. Estelle, 655 F.2d 692 (5th Cir.1981); United States v. Harris, 611 F.2d 170 (6th Cir. 1979); Gabrilowitz v. Newman, 582 F.2d 100 (1st Cir.1978); Jett v. Castaneda, 578 F.2d 842 (9th Cir.1978); U.S. v. Schmoker, 564 F.2d 289 (9th Cir.1977); Palmigiano v. Baxter, 510 F.2d 534 (1st Cir.1974) rev’d on other grounds, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976); United States v. Powers, 444 F.2d 260 (5th Cir.1971); United States v. Stribling, 437 F.2d 765 (6th Cir.), cert. denied, 402 U.S. 973, 91 S.Ct. 1661, 29 L.Ed.2d 137 (1971); United States v. Cassell, 452 F.2d 533 (7th Cir.1971); United States v. Jaskiewicz, 433 F.2d 415 (3d Cir. 1970), cert. denied, 400 U.S. 1021, 91 S.Ct. 582, 27 L.Ed.2d 632 (1971); United States v. Diaz, 427 F.2d 636 (1st Cir.1970); Agius v. United States, 413 F.2d 915 (5th Cir. 1969), cert. denied, 397 U.S. 992, 90 S.Ct. 1116, 25 L.Ed.2d 399 (1970); United States v. Redfield, 402 F.2d 454 (4th Cir.1968); United States v. Squeri, 398 F.2d 785 (2d Cir.1968); United States v. Webb, 398 F.2d 553 (4th Cir.1968); Ladd v. State, 568 P.2d 960 (Alaska 1977), cert. denied, 435 U.S. 928, 98 S.Ct. 1498, 55 L.Ed.2d 524 (1978); Washington v. State, 287 Ala. 289, 251 So.2d 592 (1971); People v. Lee, 630 P.2d 583 (Colo.1981), cert. denied, 454 U.S. 1162, 102 S.Ct. 1036, 71 L.Ed.2d 318 (1982); Young v. State, 234 So.2d 341 (Fla.1970); State v. Brunner, 211 Kan. 596, 507 P.2d 233 (1973); Vines v. State, 285 Md. 369, 402 A.2d 900 (1979); Gaines v. State, 404 So.2d 557 (Miss.1981); State v. Fuller, 204 Neb. 196, 281 N.W.2d 749 (1979); Avant v. Clifford, 67 N.J. 496, 341 A.2d 629 (1975); State v. Amado, 424 A.2d 1057 (R.I.1981); State v. Rowe, 259 S.E.2d 26 (W.Va.1979); Schimmel v. State, 84 Wis.2d 287, 267 N.W.2d 271 (1978).

3

. The Commonwealth’s argument that no Miranda warnings were required because the Director was a member of the internal prison staff rather than a police officer is without merit.

[T]he particular office that the official who performs the custodial interrogation represents is inconsequential because Miranda was not concerned with the division of responsibility between the various state investigatory agencies but was concerned with official custodial interrogations of an accused and the use of statements obtained from an accused without an attorney in such circumstances to prove the State’s case against the accused. Battie v. Estelle, 655 F.2d 692, 699 (5th Cir.1981) (footnote omitted).

This Court has acknowledged the applicability of Miranda to custodial interrogation by a prison official in connection with a crime. See Commonwealth v. DuVal, 453 Pa. 205, 307 A.2d 229 (1973) (plurality opinion). Regardless of the Director’s normal duties at the institution, it is clear that when he asked the question involved in the presence of the Major he was acting in furtherance of the then-ongoing investigation as to the stabbing of Russell.

4

. Even if the second statement to the prison officials had been tainted, it is likely that appellant’s interview one day later, in a different office, with a different questioner who administered new warnings was sufficiently attentuated to purge such taint. See, e.g., Commonwealth v. Greene, supra; Commonwealth v. Mitchell, 445 Pa. 461, 285 A.2d 93 (1971). Moreover, appellant would not be entitled to relief in any event, since he testified at trial as to the contents of those statements in support of his self defense theory. Commonwealth v. Greene, supra; Commonwealth v. Collins, 436 Pa. 114, 259 A.2d 160 (1969); Commonwealth ex rel. Edowski v. Maroney, 423 Pa. 229, 223 A.2d 749 (1966); Commonwealth ex rel. Adderley v. Myers, 418 Pa. 366, 211 A.2d 481 (1965).

5

. This was appellant’s testimony at trial; during the suppression hearing he maintained that he was taken to the office by two guards. Appellant insisted at trial that his prior testimony was erroneous. While this factor is not crucial to our determination, we note parenthetically that it is appropriate to consider all of the testimony, not just the testimony presented at the suppression hearing, in determining whether evidence was properly admitted. See Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); United States v. Rios, 611 F.2d 1335 (10th Cir.1979); United States v. Gibbons, 607 F.2d 1320 (10th Cir.1979); United States v. Soto, 591 F.2d 1091 (5th Cir.), cert. denied, 442 U.S. 930, 99 S.Ct. 2862, 61 L.Ed.2d 298 (1979); United States v. Griffin, 555 F.2d 1323 (5th Cir. 1977); United States v. Smith, 527 F.2d 692 (10th Cir. 1975); United States v. Canieso, 470 F.2d 1224 (2d Cir. 1972) and cases cited therein; Commonwealth v. Lee, 262 Pa.Super. 280, 396 A.2d 755 (1978); Commonwealth v. Kaschik, 235 Pa.Super. 388, 344 A.2d 519 (1975); cf. Commonwealth v. DeMichel, 442 Pa. 553, 277 A.2d 159 (1971).