Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Easy

Practice question

Does the label helper alone establish express authority to consent to a police search of the absent employer’s dwelling?
  1. No; that separate authority must be shown
  2. Yes; every helper has unlimited waiver power
  3. Yes; employment transfers all constitutional rights
  4. Yes; a helper becomes the owner of every room
  5. Yes; officers need ask nothing further

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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