Practice question
An officer invokes Damaso because the raid occurred late at night, but identifies no emergency or inability to use the warrant process. What is the missing matter?
- A factual basis for urgency, not merely the time of day
- Only the officer’s uniform color
- Only a larger vehicle
- Only a different nickname for the operation
- Only a newspaper account after the search
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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