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Philippine Bar review · Question

Practice question: Search Warrants in State Detention Facilities

Multiple Choice Easy

Practice question

Are trial judges absolutely prohibited from issuing search warrants to be implemented in government detention facilities?
  1. Yes, all cells are categorically immune.
  2. Yes, even for a properly supported investigation by outside law enforcers.
  3. No; the main opinion permits proper warrants subject to stringent issuance and implementation requirements.
  4. No; therefore every application must automatically be granted.
  5. Yes, only prison guards may ever gather evidence.

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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