What is the test for establishing that the accused initiated communication with the police after invoking his right to counsel?

California, United States of America


The following excerpt is from People v. ALEX G, F059040, No. JJD062956 (Cal. App. 2011):

court's finding that the accused initiated communication with the police after invoking his right to counsel is a predominately factual determination that is reviewed for substantial evidence. (People v. Waidla (2000) 22 Cal.4th 690, 731.)

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