Philippine Bar review · Question

Practice question: Search Incident to a Lawful Arrest

Multiple Choice Medium Jurisprudence

Practice question

After a lawful arrest, officers search the arrestee for a concealed weapon and evidence within the proper incident-search scope. Is a separate search warrant invariably required for that limited search?
  1. Yes, no exception exists
  2. Yes, even if Section 13 applies
  3. No, Section 13 recognizes the applicable warrantless exception
  4. No, because every police search is lawful
  5. No, because arrest removes every privacy right

Legal references

  • Rule 126, Section 13; Macabuhay v. People, G.R. No. 270337, August 13, 2025; Patotoy v. People, G.R. No. 257910, March 4, 2025, main decisions.
  • Reviewed primary authority, Rule 126, Section 13: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Reviewed primary authority, Main decision, paragraph on substantially contemporaneous search and preexisting probable cause: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70028
  • Reviewed primary authority, Main decision, search purpose and scope: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html

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