I have a case where the officer simply read the Miranda warnings--he did not ask if suspect understood the warnings and he did not ask for a waiver--I have found a ton of case law where the confession was ok when the officer asked the suspect if he understood but no express waiver was sought, but I have not found case law on my side where the officer failed to ask if he understood the rights and failed to ask if he waived those rights. I have found case law where it did not help me. Anyone aware of good case law for simply reading the Miranda and proceeding. I know it happens a lot in the real world--just can't seem to justify it.

were there any non-verbal responses to the warnings, such as head nods, etc? Did the tenor of the defendant's statement indicate he understood, i.e. that he conditioned his responses, asked about attorneys, indicated he wanted to remain silent then shifted gears? did his statements indicate he was oriented to times, space, and place? Look at Berghuis v. Thompkins, 560 U.S. 370. The big issue in that case was whether Thompkins voluntarily waived his right to silence, but it might instruct your case as well. The Court allowed the inference that he voluntarily waive although he was silent in the face of questioning for almost three hours.

Remember, too, that the statement is still available for impeachment purposes even if Miranda/38.22 were not complied with.