Philippine Bar review · Question

Practice question: Consented Warrantless Search

Multiple Choice Hard

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?
  1. The required authority cannot simply be presumed from the asserted helper status
  2. The occupant must prove every restriction before having any right
  3. All domestic employment creates unlimited police-search consent
  4. Silence by an absent person conclusively appoints an agent
  5. 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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