Philippine Bar review · Question

Practice question: Effect of Illegal Search and Seizure

Multiple Choice Easy

Practice question

Does Marti automatically apply the constitutional search exclusion rule to every search by a purely private person with no State participation?
  1. Yes, private and governmental action are always identical.
  2. No.
  3. Yes, all privately discovered evidence is constitutionally inadmissible.
  4. Yes, the private person necessarily becomes a police officer.
  5. Yes, a later prosecution alone makes every earlier private act governmental.

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

Answer this question in flashcards to review your response and continue practicing.