Can a waiver of the Miranda Rights be inferred from a statement to the police?

California, United States of America


The following excerpt is from The People v. Martinez, B211420, Los Angeles County Super. Ct. No. BA325247 (Cal. App. 2010):

statement to the police." (Berghuis v. Thompkins, supra, 130 S.Ct. at p. 2264.) Courts can infer a waiver of Miranda rights "'from the actions and words of the person interrogated.' [Citation.]" (Id. at p. 2254.) "Any waiver, express or implied, may be contradicted by an invocation at any time. If the right to counsel or the right to remain silent is invoked at any point during questioning, further interrogation must cease." (Id. at pp. 2263-2264.)

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