What is the current Miranda rights test?
MultiRegion, United States of America
The following excerpt is from U.S. v. DeSanto, 923 F.2d 863 (9th Cir. 1991):
The government need prove a waiver of Miranda rights only by a preponderance of the evidence. Colorado v. Connelly, 479 U.S. 157, 168 (1986). We review the district court's finding that the defendant waived his Miranda rights under the clearly erroneous standard. United States v. Wallace, 848 F.2d 1464, 1475 (1988) (citation omitted), aff'd, 902 F.2d 1578 (1990).
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