Courts indulge in every reasonable presumption against waiver of fundamental constitutional rights and will not indulge in any presumption of waiver. Thus, for a waiver to be effective, a defendant must waive a known right knowingly, intelligently, and voluntarily. State v. Walker, 2008 MT 244, ¶ 18, 344 Mont. 477, 188 P.3d 1069.
A waiver of rights is only valid if the waiver has been made voluntarily, knowingly, and intelligently. Voluntariness depends on the totality of the circumstances, with no one fact being dispositive. We review a district court's determination that a defendant voluntarily, knowingly, and intelligently waived his rights under the clearly erroneous standard. State v. Lawrence, 285 Mont. 140, 148-49, 948 P.2d 186, 191 (1997).