In what circumstances will a defendant waive his Miranda before being questioned by the police?

California, United States of America


The following excerpt is from People v. Pettingill, 145 Cal.Rptr. 861, 21 Cal.3d 231, 578 P.2d 108 (Cal. 1978):

In the following year we decided People v. Randall (1970) 1 Cal.3d 948, 83 Cal.Rptr. 658, 464 P.2d 114. There the defendant was arrested, given the Miranda warnings, and taken to the police station. During the booking process the defendant was permitted to make two phone calls, and he chose to call an attorney. The police nevertheless questioned him several times that day and the next, prefacing each interrogation with a reiteration of his Miranda rights. Finally the defendant agreed to waive those rights, and confessed to the crime of grand theft.

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