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Voluntariness of waiver

  1. bestmilitarydefensedefenseattorneys9.57.32PMcopyThe government must prove by a preponderance of the evidence that a suspect waived his applicable rights. In order to prove a valid waiver, the government must show: a. that the relinquishment of the defendant’s rights was voluntary; and b. that the defendant had a full awareness of the right being waived and of the consequences of waiving that right. See Moran v. Burbine , 475 U.S. 412 (1986).