Philippine Bar review · Question

Practice question: Effect of Illegal Search and Seizure

Multiple Choice Hard

Practice question

A privately employed guard performs a State-directed terminal-security function. Is private employment alone enough to classify every act as Marti’s independent private search?
  1. Yes, employment status alone decides every case.
  2. No; the actual function and State involvement must be examined.
  3. Yes, a government direction is always legally nonexistent.
  4. Yes, no private guard can ever act for the State.
  5. Yes, every security task is purely a personal hobby.

Legal references

  • People v. Marti, G.R. No. 81561, January 18, 1991, MAIN decision, genuinely private search without State intervention: https://lawphil.net/judjuris/juri1991/jan1991/gr_81561_1991.html

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