The following excerpt is from Rodriguez v. Martel, No. CIV S-09-3205 GEB DAD P (E.D. Cal. 2011):
detective repeated "that you have the right not to say anything." Defendant's response was not ambiguous, nor is a "single response, in isolation, controlling on the question whether defendant made a knowing and voluntary waiver of his Miranda rights under the totality of the circumstances surrounding his interrogation." (People v. Cruz, supra, 44 Cal.4th at p. 668.)
As the evidence supports the trial court's conclusion that defendant made an implied waiver of his Miranda rights, and as there is no evidence that defendant's "'will was overborne'" at the time he confessed (People v. Cruz, supra, 44 Cal.4th at p. 669), his claims that his confession was involuntary and violated Miranda are rejected.
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