Philippine Bar review · Question

Practice question: Effect of Illegal Search and Seizure

Multiple Choice Medium

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?
  1. Yes, payroll status conclusively establishes no State action.
  2. Yes, instructions from police are always irrelevant.
  3. Yes, State searches can always be privatized by labels.
  4. No; governmental instigation or participation must be assessed.
  5. 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

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