Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Hard

Practice question

Officers lack a warrant and any independent exception. They claim a resident consented because he silently stood aside after repeated commands delivered by several armed personnel. The record supplies no specific intelligent voluntary agreement. Which is best?
  1. The stated acquiescence does not by itself establish valid consent
  2. Standing aside always supplies every waiver requirement
  3. Every armed presence automatically proves valid consent
  4. The later discovery necessarily cures the consent defect
  5. No government search can ever rely on consent

Legal references

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

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