context: To decide the appropriate analytical framework for examining the validity of Robinson's, waiver, we have examined case law regarding the waiver of constitutional rights and the waiver of statutory rights. Generally, a waiver of a constitutional right must be knowing and voluntary.
citation_a.signal: but see
citation_a.parenthetical: a defendant who consents to a search while not in custody validly waives his constitutional rights even if he did not know he had a right to withhold his consent
citation_a.sentence: But see Schneckloth v. Bustamonte, 412 U.S. 218, 249, 93 S.Ct. 2041, 2059, 36 L.Ed.2d 854 (1973) (a defendant who consents to a search while not in custody validly waives his constitutional rights even if he did not know he had a right to withhold his consent).
citation_b.signal: see also
citation_b.identifier: 388 U.S. 218, 237
citation_b.parenthetical: waiver of right to counsel's presence during a lineup must be knowing and voluntary
citation_b.sentence: See also United States v. Wade, 388 U.S. 218, 237, 87 S.Ct. 1926, 1937, 18 L.Ed.2d 1149 (1967) (waiver of right to counsel’s presence during a lineup must be knowing and voluntary); Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966) (waiver of Fifth Amendment rights must be knowing and voluntary).