What is the test for waivering a defendant's Miranda rights?

California, United States of America


The following excerpt is from People v. Williams, G047363 (Cal. App. 2014):

Miranda warnings7 protect a defendant's Fifth Amendment privilege against self-incrimination. (Moran v. Burbine (1986) 475 U.S. 412, 420 (Moran).) A defendant may waive Miranda rights if "'the waiver is made voluntarily, knowingly and intelligently.'" (Id. at p. 421.) A waiver is made knowingly and intelligently if "made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." (Ibid.) If "the 'totality of the circumstances surrounding the interrogation' reveal both an uncoerced choice and the requisite level of comprehension[, a court may] properly conclude that the Miranda rights have been waived." (Ibid.)

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