By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his/her Miranda rights?

Question

Quizplus · Accepted Answer

The prosecution is required to show by a preponderance of the evidence that the defendant knowingly, voluntarily, and intelligently waived his/her Miranda rights. Preponderance of the evidence means that it is more likely than not that the defendant understood and waived his/her rights. This is a lower standard of proof than probable cause or modified probable cause, which are used for determining whether there is enough evidence for an arrest or search warrant. Reasonable suspicion is a lower standard of proof than probable cause, but it is not applicable in this context.

By What Level of Proof Is the Prosecution Required to Show