Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Medium

Practice question

Surrounded by armed officers, a passenger hesitates and then opens a sack only after their demand. Does the act alone conclusively prove consent?
  1. Yes, opening always proves free waiver
  2. Yes, hesitation is legally irrelevant in every case
  3. No opened object can ever be searched with valid consent
  4. No; it may be mere passive conformity in a coercive setting
  5. The passenger’s fear automatically validates the command

Legal references

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

Answer this question in flashcards to review your response and continue practicing.