California, United States of America
The following excerpt is from People v. Rosales, E072661 (Cal. App. 2020):
Defendant's willingness to answer the investigator's questions, after he was advised of and acknowledged that he understood his Miranda rights, constitutes an implied waiver of his Miranda rights. (People v. Sauceda-Contreras (2012) 55 Cal.4th 203, 218-219.) The record shows that defendant's implied waiver was "voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception." (Moran v. Burbine (1986) 475 U.S. 412, 421.) The record also shows that defendant's implied waiver was "knowing" in the sense that it was "made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." (Ibid.)
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3. Defendant's Interview Statements Were Voluntary
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