Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Medium

Practice question

Police rely on a helper’s permission to search an absent occupant’s house but prove only that she worked there. What additional matter is material under Damaso?
  1. Whether the occupant expressly authorized her to consent on his behalf
  2. Whether she likes the officers
  3. Whether the police prefer the room’s furniture
  4. Whether the newspaper will report the search
  5. Whether the occupant has ever paid a fine

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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