What is the test for validly waiving the Miranda rights?

California, United States of America


The following excerpt is from People v. Yang, F067353 (Cal. App. 2015):

The inquiry regarding whether a defendant has validly waived his rights under Miranda, supra, 384 U.S. 436, has two distinct dimensions. (Moran v. Burbine (1986) 475 U.S. 412, 421.) First, the waiver must have been voluntary, which means a free and deliberate choice not based on intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of the rights being waived and the consequences of the decision to do so. A court may properly conclude Miranda rights were validly waived only if the totality of the circumstances shows both an absence of coercion and the requisite level of comprehension. (Ibid.)

Other Questions


Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
How has the court interpreted the Miranda rights of a minor who, as a minor, waived his Miranda right to be arrested? (California, United States of America)
What are the consequences of not invoking his Miranda right to end questioning after hearing his Miranda rights? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
In reviewing a claim that the Miranda rights were violated, how have courts reviewed the evidence in the context of Miranda rights claims? (California, United States of America)
How have the courts interpreted the Miranda Miranda Miranda rights in this context? (California, United States of America)
What is the effect of a probation officer's "interview" on an appellant's right to waive his Miranda right? (California, United States of America)
What is the test for validly waiving the Miranda rights? (California, United States of America)
What is the burden of proving a defendant validly waived their Miranda right? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.