Practice question
A suspect’s lawyer is competent and independent, but investigators forbid any private conference and prevent meaningful advice before obtaining a preprinted waiver. They rely solely on the lawyer’s presence across the room. The record establishes that the suspect did not knowingly understand the decision. Which conclusion is best?
- Physical proximity always establishes an informed waiver
- A preprinted form eliminates the right to advice
- A lawyer may never advise before a waiver
- A police declaration of voluntariness is conclusive
- Mere presence and a form do not answer the stipulated denial of meaningful counsel and understanding
Legal references
- RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 2(b), (e).
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article III, Section 12(1).
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