What is the test for obtaining a waiver of a suspect's rights?
California, United States of America
The following excerpt is from People v. Leonardo, B247926 (Cal. App. 2014):
present during questioning and obtained from the suspect a voluntary, knowing and intelligent wavier of those rights. (Miranda, supra, 384 U.S. at p. 475.) A valid waiver may be express or implied. (People v. Whitson (1998) 17 Cal.4th 229, 246.)
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