Practice question
An adult makes a knowing written waiver of specified custodial rights in independent counsel’s presence. Later officers prepare a separate Article 125 waiver while the lawyer is absent and have the adult sign alone. They argue that the first valid waiver eliminates the counsel requirement for the later document. Which is correct?
- An earlier valid waiver abolishes every safeguard for all later documents
- Only the officers’ belief determines the later waiver
- The Article 125 waiver can always be oral
- Section 2(e) independently requires the later waiver to be signed in counsel’s presence; the earlier document does not cure its absence
- A family member’s telephone availability necessarily replaces counsel
Legal references
- RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 2(e).
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