What is the test for a waiver of the Miranda rights?

MultiRegion, United States of America

The following excerpt is from United States v. Yilmaz, No. 12-333-cr(L), No. 12-344-cr(CON) (2nd Cir. 2013):

To prove a valid waiver of Miranda rights, the government must show "(1) that the relinquishment of the defendant's rights was voluntary, and (2) that the defendant had a full awareness of the right[s] being waived and of the consequences of waiving th[ose] right[s]." United States v. Jaswal, 47 F.3d 539, 542 (2d Cir. 1995) (per curiam). In determining whether a defendant's waiver was valid, we ask whether "the totality of the circumstances reveals both an uncoerced choice and the requisite level of comprehension." United States v. Male Juvenile (95-CR-1074), 121 F.3d 34, 40 (2d Cir. 1997) (internal quotation marks omitted).

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