Practice question
While executing a warrant, officers intentionally search authorized areas for the listed object and unexpectedly encounter an unlisted item whose incriminating character is apparent. Counsel says any intentional search eliminates inadvertence even though the unlisted item’s location was unknown. Which is correct?
- Intentional execution of the warrant is compatible with inadvertent discovery of the unlisted item
- Any deliberate search necessarily defeats plain view
- Only accidental entry into a house can qualify
- The officer must be unconscious to discover inadvertently
- A warrant forbids observing unlisted objects
Legal references
- Silvano v. People, G.R.273931, February12,2026, MAIN: https://lawphil.net/judjuris/juri2026/feb2026/gr_273931_2026.html
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