What is the test for determining whether a defendant's waiver of his Miranda rights was knowingly, intelligently and voluntarily made?
California, United States of America
The following excerpt is from People v. Martin, G039730 (Cal. App. 2/9/2009), G039730 (Cal. App. 2009):
We review independently the trial court's determinations of whether defendant's statements were voluntary, and whether the waiver of his Miranda rights was knowingly, intelligently, and voluntarily made. (People v. Rundle (2008) 43 Cal.4th 76, 115.) In so doing, we accept the trial court's resolution of disputed facts and inferences, and credibility evaluations, as long as they are supported by substantial evidence. (Ibid. )
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