Philippine Bar review · Question

Practice question: Search Warrants in State Detention Facilities

Multiple Choice Medium

Practice question

A warden argues that because routine protective searches may proceed without a probable-cause finding, an outside team investigating a separate crime also needs no warrant on any facts. Is the inference sound?
  1. Yes, all prison searches are identical.
  2. Yes, the officer’s label determines everything.
  3. No; the protective-management rule does not automatically govern the separate investigative search.
  4. Yes, routine authority permanently abolishes criminal procedure.
  5. No; routine protective searches always need a warrant.

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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