Practice question
A person is searched incident to an arrest by warrant. No body-worn camera or alternative device was used, and no reasonable ground is offered. The prosecution relies solely on Rule 2 section 5 to say that suppression can never be sought. Is that categorical position sound?
- Yes, suppression is forbidden in all arrest-related searches.
- Yes, every warrant makes all seized evidence admissible.
- No; Rule 3 section 8 expressly extends its suppression remedy to this unjustifiably unrecorded search incident to arrest by warrant.
- No; lack of video automatically proves the accused innocent.
- Yes, officer testimony eliminates every possible challenge.
Legal references
- https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — A.M. 21-06-08-SC, June 29, 2021; Rule 1 sections 2–4, Rule 2 sections 1–5, Rule 3 section 8, Rule 4 sections 1–10; PDF pages 699–709.
Answer this question in flashcards to review your response and continue practicing.