How does a Miranda waiver need to be expressed?
California, United States of America
The following excerpt is from People v. Ackerman, 3 Crim. C065484, 3 Crim. C067078 (Cal. App. 2016):
However, the waiver need not be express. (Berghuis, supra, 560 U.S. at p. 384; North Carolina v. Butler (1979) 441 U.S. 369, 370-371) Where the prosecution shows that a Miranda warning was given and it was understood by the defendant, a defendant's uncoerced statement establishes an implied waiver. (Berghuis, at p. 384; North Carolina v. Butler, at pp. 370-371.)
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