Practice question
A large force begins a planned warrantless compound raid after having time to seek judicial authority. Gunfire follows the entry attempt. The officers claim the later escalation automatically validates the original planned intrusion under a general emergency label. What follows from Alih?
- The original intrusion still requires its own lawful basis; the described operation was not excused by superior orders and generalized disorder
- Every later firefight retroactively validates every initial raid
- The number of personnel is a substitute for a warrant
- Planning an operation makes judicial authority irrelevant
- Occupant resistance necessarily proves all original search predicates
Legal references
- Alih v Castro, GRL-69401, June23,1987, MAIN opinion, superior orders and available warrant process: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-69401_1987.html
- 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
- People v De Gracia, GR102009–10, July6,1994, MAIN opinion PartII search holding only: https://lawphil.net/judjuris/juri1994/jul1994/gr_102009_1994.html
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