Philippine Bar review · Question

Practice question: Warrantless Arrests and Searches

Multiple Choice Hard Jurisprudence

Practice question

At a bus checkpoint, officers open every passenger’s closed luggage solely because the bus can move. There is no probable cause, consent, suspicious circumstance or independent exception for the intrusive luggage search. Officials invoke moving-vehicle status as an automatic authorization. Under Sapla, which is best?
  1. Mobility automatically permits every intrusive search of every closed bag.
  2. The moving-vehicle doctrine does not dispense with the required justification for the stipulated intrusive search.
  3. Every bus passenger waives constitutional rights by buying a ticket.
  4. A closed bag is never protected from government intrusion.
  5. A checkpoint itself supplies conclusive probable cause for all offenses.

Legal references

  • People v. Sapla, G.R. No. 244045, June 16, 2020, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66263
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 2.

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