Practice question
Outside investigators seek evidence of a specific offense in one inmate’s cell and do not supervise the facility. May they dispense with Rule 126 solely because the cell is government-controlled?
- Yes, government ownership removes every safeguard.
- No; the main opinion generally requires a warrant and strict compliance for this investigative search.
- Yes, incarceration makes every search reasonable.
- Yes, a general accusation always replaces judicial review.
- No; a cell can never be searched even with 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.
Answer this question in flashcards to review your response and continue practicing.