Philippine Bar review · Topic

Search Incident to a Lawful Arrest

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Practice questions

  1. Does merely issuing a traffic ticket necessarily mean a person has been arrested for purposes of a full incident search?
  2. A pedestrian is cited for conduct expressly punishable only by a fine. With no independent arrest ground or search exce…
  3. Officers personally observe an imprisonment-punishable ordinance violation and lawfully arrest under Rule113. Counsel a…
  4. A prosecutor cites Patotoy as authorizing a full evidentiary search after every municipal citation, omitting that the h…
  5. An officer sees a completed offense committed in his presence for which imprisonment is authorized, makes an otherwise …
  6. Explain why the penalty authorized for the predicate ordinance mattered to Patotoy’s distinction from the fine-only cas…
  7. A prosecutor says the initial arrest must be for the exact firearm offense discovered in the search. Apply Patotoy to a…
  8. Distinguish traffic ticketing from lawful arrest when police claim authority for a full search incident to arrest.