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3. WAS THE SUSPECT'S WAIVER OF HIS MIRANDA RIGHTS VALID? At issue is whether S communicated in words or other assertive conduct that he voluntarily

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3. WAS THE SUSPECT'S WAIVER OF HIS MIRANDA RIGHTS VALID? At issue is whether S communicated in words or other assertive conduct that he voluntarily wished to resume further interrogation by police, and if this conduct constituted a valid waiver of his previous invocation of his right remain silent. Where S properly asserts a right to counsel or a right to remain silent, law enfordcemet must immediately stop all questioning in adherence to such assertion. Law enforcement may, however resume questioning at a later time if: [1] S is reMirandized, and [2] 5 provides a knowing and intelligent waiver

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