What is the burden of proving a valid Miranda waiver?
California, United States of America
The following excerpt is from People v. R.M. (In re R.M.), E068029 (Cal. App. 2018):
"'To establish a valid Miranda waiver, the prosecution bears the burden of establishing by a preponderance of the evidence that the waiver was knowing, intelligent, and voluntary under the totality of the circumstances of the interrogation.' [Citation.]" (People v. Duff (2014) 58 Cal.4th 527, 551.)
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