The following excerpt is from U.S. v. Garibay, 143 F.3d 534 (9th Cir. 1998):
We review for clear error a district court's finding that a defendant knowingly and intelligently waived his Miranda rights. See United States v. Cazares, 121 F.3d 1241, 1243 (9th Cir.1997).
2. Requirements of a Valid Waiver
For inculpatory statements made by a defendant during custodial interrogation to be admissible in evidence, the defendant's "waiver of Miranda rights must be voluntary, knowing, and intelligent." United States v. Binder, 769 F.2d 595, 599 (9th Cir.1985) (citing Miranda, 384 U.S. at 479, 86 S.Ct. at 1630-31). A valid waiver of Miranda rights depends upon the "totality of the circumstances including the background, experience, and conduct of defendant." United States v. Bernard S., 795 F.2d 749, 751 (9th Cir.1986).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.