Practice question
The prosecution establishes that a helper invited a search but supplies no evidence the absent occupant empowered her to waive his right. It argues the court must presume authority unless the occupant proves a prohibition. Which is correct?
- The required authority cannot simply be presumed from the asserted helper status
- The occupant must prove every restriction before having any right
- All domestic employment creates unlimited police-search consent
- Silence by an absent person conclusively appoints an agent
- The officer’s belief automatically supplies express authorization
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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