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Question
In a provincial bus terminal, a plainclothes officer stops a rider, defends that he saw the rider discard a packet believed to contain illegal drugs, and effects an arrest without a warrant and without establishing probable cause. The rider is brought to the municipal police station and detained. At booking, the rider does not object to the arrest or the manner of arrest. Later, while in custody, the police question the rider and obtain a written confession. They also seize the rider’s smart watch, from which time-stamped messages are later used to tie him to a drug distribution network. The defense moves to suppress the drugs, the in-custody confession, and the smartwatch data 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 the rider’s failure to object at booking constitutes a waiver, and the effect on the admissibility of the drugs, the confession, and the smartwatch data.