Philippine Bar review · Question

Practice question: Search Incident to a Lawful Arrest

Multiple Choice Medium

Practice question

A pedestrian is cited for conduct expressly punishable only by a fine. With no independent arrest ground or search exception, officers conduct a full pocket search as incident to arrest. Which is correct under Patotoy’s distinction?
  1. The discovered item creates a prior arrest retroactively
  2. The citation automatically justifies the full search
  3. Any suspected ordinance violation eliminates arrest limits
  4. The fine-only premise does not establish the required lawful arrest
  5. Only the pedestrian’s occupation matters

Legal references

  • Rule126 Sections1–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Patotoy v. People, G.R.257910, March4,2025, MAIN: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html

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