Does a defendant have to affirmatively state that he understood his Miranda rights?

California, United States of America


The following excerpt is from People v. Jsames, G050073 (Cal. App. 2016):

Defendant also argues that because he did not affirmatively state he understood his Miranda rights, the trial court erred in finding he impliedly waived those rights. He points to no authority requiring an express statement of understanding. To the contrary, just as a Miranda waiver "may be implied" through the defendant's failure to invoke the right to remain silent and the right to counsel, "'coupled with an understanding of his rights and a course of conduct indicating waiver'" (Berghuis v. Thompkins (2010) 560 U.S. 370, 384 (Berghuis)), the defendant's understanding may be

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