Practice question
Police receive an advance tip about a named traveler and have time to apply for a warrant. At arrival, the traveler merely crosses a street without any outward criminal act; no other search exception is established. Police search the bag and invoke De Gracia because drugs are dangerous. Which is correct under Aruta?
- Drug danger alone makes every search an emergency
- A tip alone invariably proves both probable cause and exigency
- The search becomes lawful solely from its success
- De Gracia does not supply an emergency exception on those facts; Aruta distinguished its genuine armed emergency
- The traveler's failure to resist necessarily waives the warrant requirement
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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