Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Hard

Practice question

A shopkeeper opens a package entirely on his own and discovers contraband. Only afterward does he notify investigators and deliver the discovered items. There was no prior instruction, arrangement or government participation in opening it. The accused argues that later police custody necessarily converts the original inspection into a government search. Which is best?
  1. Later custody always proves prior direction
  2. Marti rejects that automatic conversion; independent private action must be distinguished from a state search
  3. Every private search is constitutionally reasonable by definition
  4. Police receipt eliminates all authentication requirements
  5. The accused loses every statutory right

Legal references

  • People v. Marti, G.R. No. 81561, January 18, 1991, main opinion: https://lawphil.net/judjuris/juri1991/jan1991/gr_81561_1991.html

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