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Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Medium

Practice question

An absent occupant’s visitor lets police enter and look around. The prosecution proves no authorization from the occupant and no independent search exception. Does the visitor’s permission alone meet Damaso’s authority requirement?
  1. No; the missing authorization defeats that asserted waiver
  2. Yes; every visitor may waive the occupant’s right
  3. Yes; opening the door creates unlimited authority
  4. Yes; police arrival transfers possession
  5. Yes; a visitor’s confidence is conclusive

Legal references

  • People v Damaso, GR93516, August12,1992, MAIN opinion, unauthorized third-party consent and lack of urgency; search holding only: https://lawphil.net/judjuris/juri1992/aug1992/gr_93516_1992.html

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