Philippine Bar review · Question

Practice question: Exclusionary Rule

Essay Hard Jurisprudence

Practice question

An investigator argues that Marti allows any unconstitutional search to be carried out through a private employee. The court has already found that a specific employee acted at police direction in a State-attributable unconstitutional parcel search. Explain why the job title does not resolve the exclusion issue.

Legal references

  • 1987 Constitution, Article III, Sections 2 and 3(2): https://lawphil.net/consti/cons1987.html
  • People v. Marti, G.R. No. 81561, January 18, 1991, main decision: https://lawphil.net/judjuris/juri1991/jan1991/gr_81561_1991.html

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