California, United States of America
The following excerpt is from The People v. Reyes, E047521, No. RIF1234419 (Cal. App. 2010):
The Berghuis court further noted that, even absent the defendant's invocation of his right to remain silent, his statement made "during a custodial interrogation is inadmissible at trial unless the prosecution can establish that the accused 'in fact knowingly and voluntarily waived [Miranda] rights' when making the statement." (Berghuis v. Thompkins, supra, 560 U.S. at p.__[130 S.Ct. at p. 2260].) In Berghuis, the court held the defendant impliedly waived his right to remain silent by responding to questions during the interrogation under circumstances in which the defendant was not coerced to respond. (Id. at pp. 2263-2264.)
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