Does a waiver of Miranda have to be made with a full awareness of the nature of the Miranda right being abandoned?

California, United States of America

The following excerpt is from People v. Arteaga, A140356 (Cal. App. 2014):

Although a waiver of Miranda rights must be made "with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it" (Moran, supra, 475 U.S. at p. 421), appellant's vague and unspecified assertions that he did not fully understand his rights are not sufficient in the totality of the circumstances to defeat the prosecution's showing of a valid waiver. The trial court properly concluded the prosecution established the validity of appellant's waiver by a preponderance of the evidence. (Dykes, supra, 46 Cal.4th at p. 751.)4

The trial court's judgment is affirmed.

Page 7

SIMONS, Acting P.J.

We concur.




1. Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

2. All further undesignated statutory references are to the Penal Code.

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