Practice question
An officer enters a home against the owner’s will without judicial authority and without any applicable warrantless-entry justification. He searches personal papers despite refusal of consent, then claims that being an officer alone supplies unlimited authority. Which is best?
- Public office alone authorizes all home searches
- The owner’s refusal makes every search lawful
- Only ownership of the papers matters
- The facts implicate Article128; official status alone does not supply missing lawful authority
- No offense can occur during daytime
Legal references
- Revised Penal Code Article128: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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