Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Hard

Practice question

A court says a citizen must physically resist police to avoid consenting, while the prosecution says any later discovery proves the original waiver. Which is best?
  1. Physical resistance is always legally required
  2. Neither position states the voluntary-consent test
  3. Contraband always establishes prior consent
  4. The citizen can never waive the right
  5. The officer’s good intention alone supplies waiver

Legal references

  • People v. Sapla, G.R.244045, June16 2020: https://lawphil.net/judjuris/juri2020/jun2020/gr_244045_2020.html

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