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Question
A plainclothes officer detains Rico Alcantara in a busy town plaza during a local festival, without a warrant and without establishing probable cause, claiming he saw Alcantara tuck a small sachet into his jacket. Alcantara is brought to the police station and held in custody. At booking, Alcantara does not object to the arrest or to the manner of arrest. Later, in custody, investigators compel a written confession. The police also seize Alcantara’s tablet, which contains encrypted chat messages allegedly linking him to a drug network. The defense moves to suppress the sachet, the in-custody confession, and the tablet 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 Alcantara’s failure to object at booking constitutes a waiver, and the effect on the admissibility of the sachet, the statements, and the tablet messages.