Can a suspect under interrogation waive their Miranda rights?

California, United States of America


The following excerpt is from People v. Ramos, F066726 (Cal. App. 2014):

Our Supreme Court "has recognized that 'when a suspect under interrogation makes an ambiguous statement that could be construed as an invocation of his or her Miranda rights, "the interrogators may clarify the suspect's comprehension of, and desire to invoke or waive, the Miranda rights."' [Citations.]" (People v. Williams (2010) 49 Cal.4th 405, 428.) Although "the question whether a waiver is knowing and voluntary is directed at an evaluation of the defendant's state of mind, the question of ambiguity in an asserted invocation must include a consideration of the communicative aspect of the

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