Due Process #15

waiver and invocation of Miranda

How to know if a waiver was valid?

was the waiver knowing and intelligent; fully aware of nature/consequences and was the waiver voluntary, free will/not coerced

North Carolina v. Butler facts?

During arrest, FBI agent told Miranda rights, also gave him a form “Advice of Rights” to make sure he understood after learning about his low reading level. Defendant said he understood his rights. He then said he would talk, but not sign the form and make incriminating statements. Defendant never requested counsel

North Carolina v. Butler holding and reasoning?

In favor of North Carolina. Form was not necessary to waive since he said he will not sign but will talk to the agents. He knowingly and intelligently waived his rights and did it on his own account. Did not explicitly or implicitly waive it by words or actions

Berghuis v. Thompkins facts?

Interrogation lasted around 3 hours and he was presented a form derived from the Miranda rule that stated his rights. He denied and then officers began the interrogation, then asked about God and provided incriminating statements

Berghuis v. Thompkins holding and reasoning?

In favor of Berghuis. To invoke right to remain silent, have to be unambiguous; Just remaining silent is not an invocation of the right to remain silent. Length of interrogation does not matter