California, United States of America
The following excerpt is from People v. Rojas, B267014 (Cal. App. 2017):
A custodial interrogation must be preceded by the familiar Miranda warnings and by the suspect's waiver of them.7 (Elizalde, supra, 61 Cal.4th at pp. 527, 530-531.) The prosecution has the burden to prove, by a preponderance of the evidence, that the accused's rights under Miranda were not violated. (People v. Villasenor (2015) 242 Cal.App.4th 42, 59; People v. Dykes (2009) 46 Cal.4th 731, 751 [prosecution has the burden to prove the validity of defendant's waiver of his rights].)
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