CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Waiver by Consent: Express or Implied
............Implied Waiver: Examples
7 Cards On This Topic:
  • Privilege may be waived if holder discloses content of communication to another.
  • Based on totality of circumstances surrounding the interrogation, D's willingness to answer questions after expressly affirming his understanding of his Miranda rights constituted a valid implied waiver of them.
  • Although D did not ••expressly•• waive Miranda rights, express waiver not required where his actions made clear that waiver intended.
  • Substantial evidence supported finding D's confession to O admissible under implied waiver rule; rule not rescinded by Seibert.
  • Privilege impliedly waived where attorney's dual role as legal counsel and business advisor impossible to separate.
  • Where attorney's state of mind is directly placed in issue by P's complaint, then no privilege as to communications which relate to that state.
  • Privilege may be lost by filing lawsuit gravamen of which is inconsistent with continued assertion of a privilege.