If a defendant waives his Miranda right in the course of an interview and is subsequently questioned by the police, what is the current state of the law on this issue?

California, United States of America


The following excerpt is from People v. Lewis, 110 Cal.Rptr.2d 272, 26 P.3d 34, 28 Cal.4th 334 (Cal. 2001):

If a defendant is subsequently interrogated, "readvisement is unnecessary where the subsequent interrogation is `reasonably contemporaneous' with the prior knowing and intelligent waiver. [Citations.] The courts examine the totality of the circumstances, including the amount of time that has passed since the waiver, any change in the identity of the interrogator or the location of the interview, any official reminder of the prior advisement, the suspect's sophistication or past experience with law enforcement, and any indicia that he subjectively understands and waives his rights. [Citations.]" (People v. Mickle (1991) 54 Cal.3d 140, 170, 284 Cal.Rptr. 511, 814 P.2d 290 [readvisement unnecessary where defendant twice received and twice waived Miranda rights 36 hours before].)

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