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Philippine Bar review · Question

Practice question: Execution of Search Warrant

Multiple Choice Hard

Practice question

An officer is unlawfully detained inside the searched house while lawfully executing a warrant after the prescribed notice and refused entry. Counsel claims Section7 addresses only entering and never liberation of an officer or lawful assistant. Which is correct?
  1. The officer must remain imprisoned there
  2. Section7 expressly includes liberation when unlawfully detained inside
  3. Only the owner may authorize liberation
  4. A search warrant cancels every self-liberation power
  5. The text covers only windows facing east

Legal references

  • Rule126 Sections1–13: https://lawphil.net/courts/rules/rc_110-127_crim.html

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