What is the burden of proving a defendant validly waived their Miranda?
MultiRegion, United States of America
The following excerpt is from Miller v. McEwen, Case No. 1:11-cv-01994-LJO-SKO-HC (E.D. Cal. 2015):
The prosecution bears the burden of demonstrating by a preponderance of the evidence that the defendant validly waived his Miranda rights. Colorado v. Connelly, 479 U.S. 157, 168 (1986). A waiver must be 1) voluntary, or the product of a free and deliberate choice and not the result of intimidation, coercion, or deception, and 2) knowing, or "'made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to
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