California, United States of America
The following excerpt is from People v. Garrett, D062969 (Cal. App. 2014):
To protect the Fifth Amendment privilege against self-incrimination, the Miranda rule provides that statements made during a custodial interrogation cannot be admitted as evidence of guilt unless the defendant was advised of and waived the rights to remain silent and to counsel, and warned about the adverse use of statements. (Berghuis v.
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Thompkins (2010) 560 U.S. 370, 380, 382.) To establish a valid Miranda waiver, the prosecution must show by a preponderance of the evidence that the defendant understood the Miranda advisals. (Id. at p. 384.) If the Miranda warnings were provided, the court may examine "the whole course of questioning" to determine whether the defendant provided a knowing waiver. (Id. at p. 388.) On appeal from a denial of a Miranda challenge, we defer to the trial court's factual findings if supported by substantial evidence, and independently review whether there was a valid Miranda waiver. (People v. Williams (2013) 56 Cal.4th 165, 184.)
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