What is the burden of proving a defendant's waiver of Miranda?

California, United States of America


The following excerpt is from People v. Trujillo, F068133 (Cal. App. 2015):

'made with a full awareness of both the nature of right being abandoned and the consequences of the decision to abandon it.' [Citation]." (People v. Sauceda-Contreras (2012) 55 Cal.4th 203, 219.) The prosecution bears the burden of demonstrating the validity of the defendant's waiver by a preponderance of the evidence. (People v. Dykes (2009) 46 Cal.4th 731, 751.)

"In reviewing a trial court's Miranda ruling, we accept the court's resolution of disputed facts and inferences and its evaluations of credibility, if supported by substantial evidence, and we independently determine, from the undisputed facts and facts properly found by the trial court, whether the challenged statement was illegally obtained. [Citation]." (People v. Bacon (2010) 50 Cal.4th 1082, 1105.)

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