Is there any case law where a defendant has not waived his Miranda right?
California, United States of America
The following excerpt is from People v. Brooks, 2 Cal.5th 674, 216 Cal.Rptr.3d 528, 393 P.3d 1 (Cal. 2017):
Miranda v. Arizona, supra, 384 U.S. 436, 86 S.Ct. 1602, arguing both that defendant had not waived his Miranda rights and that the officers failed to stop their questioning when defendant invoked his right to counsel. The court held a hearing over the course of two days.
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