Philippine Bar review · Question

Practice question: Searches of Public Transportation

Multiple Choice Medium

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?
  1. Yes, later arrest automatically precedes the earlier search in law.
  2. Yes, discovery always supplies its own original authority.
  3. Yes, every transport search is necessarily incident to arrest.
  4. Yes, the officer may reverse the chronology by wording the report differently.
  5. 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

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