Section 11.20 Was There a Proper Waiver?

• Library: Criminal Practice 2012 Supp

3. (§11.20) Was There a Proper Waiver?

Because Miranda v. Arizona, 384 U.S. 436 (1966), warnings are generally given automatically, the question of the voluntariness of the waiver of rights has almost replaced the question of the voluntariness of the statement. Knowing and intelligent waiver of the right to silence is normally shown by evidence that the police officer read the list of Miranda rights to the accused, asked whether the accused understood those rights, and received an affirmative response. State v. Gilbert, 103 S.W.3d 743 , 749 (Mo. banc 2003). A waiver of rights does not need to take any particular form. State v. Garrette, 699 S.W.2d 468 (Mo. App. S.D. 1985). It may be inferred from the surrounding circumstances. N.C. v. Butler, 441 U.S. 369 (1979). A waiver of rights can be knowing and intelligent even if the accused does not know or understand all the possible consequences of the waiver. State v. Debler, 856 S.W.2d...