Log In Create Account

Philippine Bar review · Question

Practice question: Search Incident to a Lawful Arrest

Multiple Choice Easy Jurisprudence

Practice question

What purposes support the incident-to-arrest search described in Patotoy?
  1. Protect officers from weapons and prevent destruction of evidence within the arrestee's reach
  2. Punish the accused before trial
  3. Permit unlimited searches of unrelated homes
  4. Replace the need for any arrest ground
  5. Guarantee conviction in every case

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

Answer this question in flashcards to review your response and continue practicing.