Philippine Bar review · Question

Practice question: Search Warrants in State Detention Facilities

Multiple Choice Medium

Practice question

A narrowly drawn jail-cell warrant concerns one specific offense and described evidence. The prosecutor claims incarceration alone permits inserting a general authority to seize anything useful to any future prosecution. Which is correct?
  1. Every object in custody is necessarily contraband
  2. Imprisonment automatically permits a general warrant
  3. Only the inmate’s reputation defines the scope
  4. A broad phrase eliminates particularity
  5. The jail location does not authorize an unrestricted general warrant

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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