2.5.1 The Principles

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

2.5.1 The Principles

Because constitutional rights belong to the criminal suspect, the suspect may waive them during the criminal investigation or prosecution. The basic rule of waiver requires that there be "an intentional relinquishment or abandonment of a known right or privilege."⁹⁵ The validity of a waiver is based on the totality of the circumstances of the case, and a court is required to indulge every reasonable presumption against waiver of the right.⁹⁶ The Supreme Court has fashioned individual tests for the validity of...