Practice question
During an actual armed uprising, surveillance links a building to rebel operations, armed men from it fire on the surveillance team, intense firing continues nearby and courts are closed so no warrant can practically be secured. Officers conduct a search directed to the emergency. Which reasoning best follows De Gracia?
- The search is valid solely because officers call it urgent
- The combination can establish probable cause and genuine exigency justifying the warrantless intrusion
- Any person found nearby is automatically guilty
- The emergency permits unrelated searches everywhere indefinitely
- No factual assessment is needed during unrest
Legal references
- People v. De Gracia, G.R. Nos. 102009–10, July 6, 1994, Part II; People v. Aruta, G.R. No. 120915, April 3, 1998, main decisions.
- Reviewed primary authority, Part II only, search holding; obsolete firearms penalty discussion not used: https://lawphil.net/judjuris/juri1994/jul1994/gr_102009_1994.html
- Reviewed primary authority, Main decision, distinction from De Gracia emergency: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/35755
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