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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a crowded public market, a plainclothes officer arrests Carlo Navarro without a warrant and without apparent probable cause, claiming he saw Navarro discard a packet of illegal drugs. Navarro is brought to the police station and placed in custodial detention. At booking, Navarro does not object to the arrest or to the manner of arrest. Later in custody, the police question Navarro and obtain a written confession. They also seize Navarro’s smartphone, from which text messages are later used to link him to the drug distribution. Navarro moves to suppress the drugs and the in-custody statements 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 Navarro’s failure to object at booking constitutes a waiver, and the effect on the admissibility of the seized drugs and statements.

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Clara

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