Practice question
Officers lawfully executing a firearm warrant search a cabinet capable of holding the specified pistol and unexpectedly discover related apparent illegal firearms. Is opening that lawful search area necessarily inconsistent with inadvertence?
- Yes, any cabinet opening automatically defeats plain view
- No, because every cabinet may be searched under every warrant
- The warrant automatically authorizes every unrelated item’s seizure
- No; Comamo recognizes inadvertent discovery of unlisted contraband during the still-lawful warrant search
- The officers need no prior lawful authority
Legal references
- Comamo v. People, G.R.236548, March4 2025: https://lawphil.net/judjuris/juri2025/mar2025/gr_236548_2025.html
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