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
Page 13
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.