Practice question
The officer first unlawfully probes a sack, discovers contraband and then arrests its holder. May the arrest alone retroactively turn the prior probing into a search incident to lawful arrest?
- Yes, later arrest automatically precedes the earlier search in law.
- Yes, discovery always supplies its own original authority.
- Yes, every transport search is necessarily incident to arrest.
- Yes, the officer may reverse the chronology by wording the report differently.
- No.
Legal references
- People v. Sapla, G.R. No. 244045, June 16, 2020, EN BANC MAIN decision, distinguishing Saluday and an intrusive anonymous-tip search: https://lawphil.net/judjuris/juri2020/jun2020/gr_244045_2020.html
- Saluday v. People, G.R. No. 215305, April 3, 2018, EN BANC MAIN decision: https://lawphil.net/judjuris/juri2018/apr2018/gr_215305_2018.html
Answer this question in flashcards to review your response and continue practicing.