Practice question
Police instruct a private courier to open a particular customer’s parcel as their investigative agent. May the prosecution invoke Marti merely because the person opening it receives a private salary?
- Yes, payroll status conclusively establishes no State action.
- Yes, instructions from police are always irrelevant.
- Yes, State searches can always be privatized by labels.
- No; governmental instigation or participation must be assessed.
- Yes, the courier’s signature eliminates every constitutional issue.
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.