Philippine Bar review · Question

Practice question: Exigent and Emergency Circumstances

Multiple Choice Medium Jurisprudence

Practice question

Officers have advance knowledge of a suspect's identity and expected arrival, reasonable opportunity to seek a warrant, and no observed suspicious act or genuine emergency. May they rely solely on the label 'exigent circumstances' to search a bag?
  1. Yes, every advance tip creates an emergency
  2. Yes, because a warrant is inconvenient
  3. No; Aruta rejects applying the emergency exception without the supporting circumstances
  4. Yes, because every passenger waives privacy
  5. Yes, if the bag later contains contraband

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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