Practice question
Police arrest a person solely for a fine-only ordinance violation, then conduct an asserted search incident to arrest and find a firearm. He pleads without preserving a personal-jurisdiction objection but challenges the firearm evidence. Under Patotoy, may the prosecution justify the search solely by the plea?
- No; waiver of the arrest objection does not itself validate the incidental search or make its fruits admissible
- Yes; a plea necessarily validates every earlier search
- Yes; every fine-only violation authorizes a custodial arrest for search
- Yes; the plea proves the weapon was lawfully seized
- Yes; search legality is never reviewable after court appearance
Legal references
- Rules of Court, Rule114 Sections5,8,17,19,26: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Patotoy v People, GR257910, March4,2025, MAIN opinion, limited personal-jurisdiction waiver and fine-only ordinance arrest: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html
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