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Philippine Bar review · Question

Practice question: Search Warrants in State Detention Facilities

Multiple Choice Hard

Practice question

A police team with no custodial role plans to search a named cell for evidence of a particular offense. It calls the operation routine prison management solely to avoid personal judicial examination and particularity. May the label alone eliminate the safeguards?
  1. Yes, any security label is conclusive.
  2. No; the actual targeted criminal-investigative purpose and role must be assessed, and mere relabeling does not supply authority.
  3. Yes, the absence of a custodial role is irrelevant in every case.
  4. Yes, any inmate forfeits all protections.
  5. No; even genuine routine custodial searches are categorically forbidden.

Legal references

  • https://lawphil.net/judjuris/juri2021/jan2021/am_rtj-17-2494_2021.html — Re: Motu Proprio Fact-Finding Investigation on Search Warrants involving Mayor Rolando Espinosa, A.M. RTJ-17-2494 and RTJ-19-2557, January 26, 2021, MAIN opinion: routine custodial versus investigative searches.
  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 126 sections 4–12: judicial safeguards and implementation requirements.

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