What are the consequences of not invoking his Miranda right to end questioning after hearing his Miranda rights?

California, United States of America


The following excerpt is from People v. Morales, 2d Crim. No.B281597 (Cal. App. 2018):

Though appellant did not invoke his right to end questioning after hearing his Miranda rights, his statements to detectives are inadmissible at trial unless the prosecution can establish that he waived his rights (1) knowingly, with full awareness of the rights and the consequences of abandoning them, and (2) voluntarily, as the product of free and deliberate choice rather than coercion, intimidation or deception. (Berghuis, supra, 560 U.S. at pp. 382-383; People v. Davis (2009) 46 Cal.4th 539, 585-586.)

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