S.A 2020/21 B.E POLITICAL LAW | Question #9

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL LAW 


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As a car driver was getting into their car inside the parking area of a mall in Makati, two individuals suddenly came from behind them. One pointed a gun to the car driver's head while the other grabbed the car keys in the driver's hand. The two then sped away with the car.

After recovering from the initial shock, the driver took their smartphone and opened the app “Find My Car”, “Find My Car” is an app that tracks in real time the movement and location of a car through a Global Positioning System (GPS) device installed in the car.

The driver then went to the nearest police station and showed the officers the current location of the car as shown on their smartphone. The car appeared to stop at a spot in Novaliches, Quezon City.

Six hours after the car had been stolen, a combined team of elite police officers from the Highway Patrol Group and the Criminal Investigation Detection Group, by force and without a warrant, searched a private home in Novaliches, Quezon City. The private home was pinpointed by the car’s GPS tracker as displayed on the driver's phone.

The private home is enclosed by a gate and is equipped with security cameras. In the private home's garage, the police officers found the driver's car, along with two other cars which matched police records of previously stolen motor vehicles. The officers seized and impounded all three cars. Right then and there, they also arrested the owner of the private home, who was subsequently charged with carnapping.

Are the seized cars admissible in evidence? Explain briefly. 

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SUGGESTED ANSWER: 


No, the seized cars are not admissible in evidence because these were seized in violation of the guarantee against unreasonable searches and seizures. 


Under the Constitution (Art. III, sec. 2), the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. 


Considering that the cars were seized without any search warrant, these are fruits of a poisonous tree, which are inadmissible in evidence. 


Code: S.A 2020/21 B.E POLITICAL LAW | Question #9 


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  1. AnonymousFebruary 25, 2023 at 4:24 AM

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