What is the test for making a Miranda waiver voluntary?

California, United States of America


The following excerpt is from People v. Edgar Z. (In re Edgar Z.), D063582 (Cal. App. 2014):

The prosecution must prove by a preponderance of the evidence that a Miranda waiver was voluntary. (People v. Rundle (2008) 43 Cal.4th 76, 114.) "[A Miranda waiver] is involuntary if it is 'not " 'the product of a rational intellect and a free will.' " ' [Citation.] The court in making a voluntariness determination 'examines "whether a defendant's will was overborne" by the circumstances surrounding the giving of [the Miranda waiver].' [Citation.] Coercive police tactics by themselves do not render a defendant's [Miranda waiver] involuntary if the defendant's free will was not in fact overborne by the coercion and his decision to speak instead was based upon some other

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