According to SCOTUS's decision in Miranda v. Arizona , the waiver of Miranda rights may be presumed, either by silence following warnings or from an eventual confession.

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Miranda v. Arizona established that a waiver of Miranda rights must be made voluntarily, knowingly, and intelligently, and cannot be presumed from silence or merely from the fact of a confession after receiving warnings. Silence or a confession does not automatically indicate a valid waiver.

According to SCOTUS's Decision in Miranda V