Practice question
During custodial interrogation, a suspect signs a written waiver without counsel present. Police then obtain a confession without counsel. No valid counseled waiver exists. May the signature alone cure the denial of counsel for use of the confession against him?
- No; writing alone does not satisfy the counseled-waiver requirement.
- Yes; any signature conclusively waives all rights.
- Yes; counsel is required only at trial.
- Yes; the officer's signature replaces counsel.
- Yes; absence of physical injury establishes admissibility.
Legal references
- 1987 Constitution, Article III, section 12, https://lawphil.net/consti/cons1987.html
- Republic Act No. 7438, sections 2–3, https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html
Answer this question in flashcards to review your response and continue practicing.