What is the test for a waiver of a person's rights?
California, United States of America
The following excerpt is from People v. Harris, 272 Cal.App.2d 88, 77 Cal.Rptr. 123 (Cal. App. 1969):
'(T)he attendant facts must show clearly and convincingly that he did relinquish his constitutional rights knowingly, intelligently, and voluntarily, but a statement by the defendant to that effect is not an essential link in the chain of proof.' (People v. Johnson, 70 A.C. 577, 594, 75 Cal.Rptr. 401, 411, 450 P.2d 865, 875.)
The court's finding of a waiver finds support in the testimony.
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