Flashcards Studio

A mall security guard detains Paulo Santos at the entrance on suspicion of shoplifting and calls the police. The police arrest Santos without a warrant and without probable cause. Santos is brought to the police station and placed in custodial detention. At booking, Santos does not object to the arrest or to the manner of arrest. Later, in custody, the police interrogate Santos and obtain a written confession. They also seize Santos’ smartphone, from which text messages are later used to connect him to the theft. The defense moves to suppress the in-custody statements and the smartphone messages on the ground that the arrest was illegal for lack of probable cause and absence of a warrant. Advise on waiver of objections to irregularities: (a) Identify the controlling doctrine on waiver of objections to irregularities in arrest and subsequent proceedings; (b) Distinguish which irregularities may be waived and which cannot; (c) Apply the doctrine to the facts and determine whether Santos’ failure to object at booking constitutes a waiver, and the effect on the admissibility of the in-custody statements and the smartphone messages.