Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Hard

Practice question

Police arrive while the occupant is away. Two acquaintances open the house and show officers articles inside. No authority from the occupant, warrant or independent exception is proved. Officers argue the articles became lawful evidence merely because the acquaintances displayed them after the officers entered. Which is correct?
  1. The display does not cure the missing authority for the intrusion under Damaso
  2. Showing an item necessarily authorizes every prior entry
  3. Any acquaintance can waive the absent occupant’s rights
  4. An unauthorized entry is cured by finding suspicious articles
  5. Only the articles’ market value matters

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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