California, United States of America
The following excerpt is from People v. Gardner, C088038 (Cal. App. 2020):
4. The form at issue is not in the record, but was referred to at trial as a "Miranda rights advisement form" or a "Miranda advisement" form by both the prosecution and defense. In their briefing, the parties refer to it alternately as an "advisement" or an "acknowledgement" form. Case law contains references to advisement forms, which suggest it is synonymous with an acknowledgement that the subject was read his or her Miranda rights. (See, e.g., People v. Dykes (2009) 46 Cal.4th 731, 748 [police sergeant "then read defendant the full Miranda advisements directly from a printed form, which defendant initialed"].) Without having the form in the record before us, however, we can only speculate about its nature and content, and therefore will presume the form only asked defendant to acknowledge that the Miranda advisements were read to him, not that it was a waiver or something else. (See People v. Akins (2005) 128 Cal.App.4th 1376, 1385 [defendant, as the appellant, has the burden to provide an adequate record].)
5. The search in question occurred on or about March 16, 2017.
6. People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.