Philippine Bar review · Question

Practice question: Exigent and Emergency Circumstances

Multiple Choice Hard Jurisprudence

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?
  1. Drug danger alone makes every search an emergency
  2. A tip alone invariably proves both probable cause and exigency
  3. The search becomes lawful solely from its success
  4. De Gracia does not supply an emergency exception on those facts; Aruta distinguished its genuine armed emergency
  5. 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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