Waiver of the right to remain silent must be knowing, intelligent and voluntary. Miranda v. Arizona, 384 U.S. at 463-466; State v. Hartley, 103 N.J. at 260. The question of waiver is to be determined on a case by case basis, taking into account, among other circumstances, the background, experience and conduct of the accused. North Carolina v. Butler, 441 U.S 369, 374-375 (1979); State v. Kennedy, 97 N.J. 278, 286 (1984). The State bears the heavy burden of proof to show beyond a reasonable dount that a defendant has waived his or her right against self-incrimination, State v. Reed, 133 N.J. at 251; State v. Bey (II), 112 N.J. 123, 135 (1988), in contrast to the federal preponderance of the evidence standard. Colorado v. Connelly, 479 U.S. 157, 165 (1986). State v. Hartley, 103 N.J. at 260. The issue of waiver arises only if the police have scrupulously honored the suspect’s right to silence once invoked, or if the suspect never invoked his or her Miranda rights. State v. Adams, 127 N.J. 438, 445-446 (1992); State v. Hartley, 103 N.J. at 261.

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