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Philippine Bar review · Question

Practice question: Exigent and Emergency Circumstances

Multiple Choice Medium

Practice question

Officers know the location of suspected weapons and have an opportunity to obtain a warrant. They rely solely on superior orders and a general peace-and-order problem. Does Alih accept that as sufficient urgency?
  1. No; those claims did not justify the constitutional shortcut
  2. Yes; every superior order creates exigency
  3. Yes; general unrest always eliminates the warrant process
  4. Yes; police preference is the sole test
  5. Yes; no facts about the premises matter

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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