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Philippine Bar review · Question

Practice question: Warrantless Arrests and Searches

Multiple Choice Hard Jurisprudence

Practice question

Officers lack any lawful arrest ground but search a pedestrian's pocket to see whether an offense might be discovered. Finding illegal drugs, they arrest him and call the earlier pocket search 'incident to lawful arrest.' They identify no consent, protective-frisk basis or other exception. Is that justification sound?
  1. No; an exploratory search cannot create the arrest ground needed to justify that same search as incident to lawful arrest.
  2. Yes, any successful search becomes incident to lawful arrest.
  3. Yes, all pockets are outside constitutional protection.
  4. Yes, formal arrest words after the search cure the missing prior basis.
  5. No; search incident to arrest is never recognized.

Legal references

  • Veridiano v. People, G.R. No. 200370, June 7, 2017, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63122
  • Rules of Court, Rule 126 Section 13: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html

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