Philippine Bar review · Question

Practice question: Requisites of a Valid Warrant

Multiple Choice Hard Jurisprudence

Practice question

Reliable firsthand evidence establishes that specified stolen equipment is in independently occupied Unit A. The application seeks to search Units A and B, but the record affirmatively supplies no facts connecting Unit B to any offense or the equipment. The judge assumes probable cause for A automatically covers B because they share a building. Which is best?
  1. Probable cause for one independent unit necessarily covers every nearby unit.
  2. A common roof eliminates the constitutional requirement.
  3. Every neighboring occupant becomes a suspect automatically.
  4. The search of B needs a factual probable-cause basis; evidence confined to A does not automatically supply it.
  5. No location ever needs probable cause.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 2.
  • Rules of Court, Rule 126, Sections 1 and 3–5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html

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