The following excerpt is from U.S. v. Childs, 944 F.2d 491 (9th Cir. 1991):
We need not decide in this matter, however, whether Mallory applies to a voluntary consent. We held in United States v. Cluchette, 465 F.2d 749 (9th Cir.1972), that Mallory does not apply where the defendant has waived his Miranda rights. Id. at 754. Moore waived his Miranda rights in this matter. Thus Mallory would be inapplicable, even if we were to rule that it applies to a voluntary consent.
D. Impact of the Miranda-Edwards Rule on the Validity of a Consent.
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