Practice question
Under Damaso, may any person encountered at a dwelling automatically waive the absent occupant’s protection against unreasonable search?
- No; authority to waive for that person must be established
- Yes; physical presence is always enough
- Yes; possession of a door key is conclusive in every case
- Yes; any neighbor may waive it
- Yes; the police may appoint the consenting person
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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