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: see
citation_a.parenthetical: defendant must know of his Sixth Amendment right to counsel in order to validly waive it
citation_a.sentence: See, e.g., Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 1024, 82 L.Ed. 1461 (1938) (defendant must know of his Sixth Amendment right to counsel in order to validly waive it).
citation_b.signal: but see
citation_b.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_b.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).