Philippine Bar review · Question

Practice question: Warrantless Arrests and Searches

Multiple Choice Hard Jurisprudence

Practice question

At a checkpoint officers stop a jeepney based solely on an unverified anonymous text identifying a passenger and a closed sack. They see no suspicious overt act or other fact establishing probable cause. Armed officers surround the passenger, demand that the sack be opened, and rely on the passenger's silent submission as consent. Under Sapla, which is correct?
  1. The matching description alone invariably authorizes an intrusive search.
  2. Every checkpoint permits opening all closed bags without further justification.
  3. The discovery of contraband retroactively supplies probable cause.
  4. Silence conclusively proves voluntary consent.
  5. Neither the tip alone nor passive submission in the coercive setting supplies the asserted justification for the intrusive search.

Legal references

  • People v. Sapla, G.R. No. 244045, June 16, 2020, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66263

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