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Supreme Court — Part 7
Page 32
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Beem necessarily to follow that by the same token a de-
fendant under srrest may waive his legal right to be
taken promptly before a committing magistrate. Consequently,
the practice of the Bureau of accepting written waivers from
defendante in cases where such course appears desirable
of his right to be taken promptly before a United States
commissioner, is entirely legal, ethical, and proper and is
not inconsistent with anything stated by the Supreme Court
in the McNabb and Anderson cases. In my opinion there is
no reason why the use of such waivers should not be continued
whenever the Bureau desires to use them and the defendant is
desirous of signing one,
I suggest, however, that the form of the waiver be
revised and enlarged so as to provide in effect not only
that the defendant submits to detention and is willing to
remain in the custody of the Bureau, but also that he has been
expressly informed of his right to be taken promptly before a
United States commissioner and that he expressly and with
kmowledge of such right, waives it. There is, of course, a
danger that some may claim that the defendant may have been
over-awed into signing such a waiver. I suggest, therefore,
that for the Bureau's protection, whenever it is feasible, the
waiver should be witnessed by some person other than a Bureau
agent.
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