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Philippine Bar review · Question

Practice question: Search Warrants in State Detention Facilities

Multiple Choice Hard

Practice question

A judge accepts detailed firsthand sworn testimony about a weapon in a specified cell, but reasons that evidence of the inmate’s unrelated conviction alone establishes present probable cause to search any cell. Which proposition is sound?
  1. The current application still needs a factual nexus to the specified offense, place and property
  2. Any past conviction conclusively establishes every current allegation
  3. Every inmate’s conviction authorizes every search by outsiders
  4. A prior judgment automatically describes all property
  5. Only the inmate’s age matters

Legal references

  • Rule126 Sections1–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Re: Motu Proprio Fact-Finding Investigation involving Mayor Espinosa, A.M.RTJ-17-2494/RTJ-19-2557, January26,2021, MAIN: https://lawphil.net/judjuris/juri2021/jan2021/am_rtj-17-2494_2021.html

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