Is a police officer required to obtain an express waiver of the Miranda rights prior to a custodial interview?

California, United States of America


The following excerpt is from People v. Rosales, E072661 (Cal. App. 2020):

Law enforcement officers are not required to obtain an express waiver of a suspect's Miranda rights prior to a custodial interview. [Citation.] Rather, a valid waiver of Miranda rights may, as here, be inferred from the defendant's words and actions." (People v. Cunningham (2015) 61 Cal.4th 609, 642.)

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