Practice question
An officer sees a completed offense committed in his presence for which imprisonment is authorized, makes an otherwise lawful in-flagrante arrest, and finds a concealed pistol in a proper search of the arrestee. The defense argues a separate firearm arrest must first precede any search. Which is correct?
- Only prior knowledge of the pistol could authorize any search
- A lawful arrest for the observed offense can support the proper incident search
- The arrest must always be for the eventual contraband offense
- Every pistol is immune from seizure
- An ordinance can never be enforced by arrest
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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