Practice question
Outside investigators allege collusion between certain inmates and custodial staff. They seek a narrowly described warrant supported by the required evidence. The judge refuses solely because the investigators did not first obtain those staff members’ permission. Which is sound?
- The staff’s permission is an absolute constitutional prerequisite.
- Every allegation of collusion automatically proves guilt.
- The judge must grant an unlimited general warrant.
- The Court rejected treating internal coordination as the exclusive substitute for a proper investigative warrant; the judge must still assess all issuance requirements.
- Collusion allegations allow execution without any lawful authority.
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.
Answer this question in flashcards to review your response and continue practicing.