State v. Harris (1982)
In State v. Harris, 188 Conn. 574, 580, 452 A.2d 634 (1982), cert. denied, 460 U.S. 1089, 103 S. Ct. 1785, 76 L. Ed. 2d 354 (1983), the defendant, after being read his Miranda rights, refused to sign a waiver form, but agreed to discuss the incident with the police. Thereafter, the defendant proceeded to make oral statements that placed him at the crime scene; however, he was unwilling to make a written statement before consultation with a lawyer. Id.
The Court concluded that the defendant's expressed willingness to speak constituted an explicit affirmative act evidencing waiver, which the court reasonably could find persuasive despite the defendant's refusal to sign the waiver form. Id., at 580.
The court reasoned that "refusal to sign a waiver form or a written statement, although some evidence of the absence of waiver, may be outweighed by affirmative conduct indicative of a knowingly and intelligently made decision not to remain silent . . . ." Id., at 581.