Practice question
After documented attacks, the President validly calls out troops to assist police. An officer then orders entry into a journalist's home solely to collect criticism of the government. Assume no warrant, valid consent, exigency or other lawful exception exists, and no offense justifies the intrusion. The officer invokes the calling-out order as a complete substitute for ordinary constitutional safeguards. Which is best?
- Every operational act is valid once deployment is valid
- The President's calling-out power creates an unrestricted search warrant
- A lawful deployment does not itself authorize the stipulated unconstitutional intrusion
- Criticism automatically establishes a warrant exception
- Military assistance abolishes privacy protection
Legal references
- 1987 Constitution, Article VII, Section 18: https://lawphil.net/consti/cons1987.html
- David v. Macapagal-Arroyo, G.R. No. 171396 and consolidated cases, May 3, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/41473
- 1987 Constitution, Article III, Section 2: https://lawphil.net/consti/cons1987.html
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