What is the test for a defendant to waive their Miranda rights?

A defendant may waive his or her rights under Miranda as long as his or her waiver is made voluntarily, knowingly, and intelligently. (Moran v. Burbine (1986) 475 U.S. 412, 421.) In order for a waiver to be voluntary, knowing, and intelligent, (1) "the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception" and (2) "the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." (Ibid.) In applying this two-part test, the court examines the totality of the circumstances. (Ibid.)

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