Q. No. 1 Bar 2022 Political Law

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A police officer saw Harvey urinating in public. A local ordinance imposes a Php 500.00 fine for urinating in public. The police officer shouted at Harvey: 


“That is against the law!” Harvey sarcastically answered: “No, this is against the wall!”


Then and there, the police officer arrested him and brought him to the police station. 


At the police station, Harvey was frisked and was found in possession of an unlicensed .38 caliber revolver loaded with five live ammunition. He was subsequently charged with Qualified Illegal Possession of Firearms. When the prosecution offered in evidence the unlicensed firearm and ammunition, the defense objected on the ground that the pieces of evidence are products of an illegal search and seizure. 


The prosecution contended that the pieces of evidence were lawfully seized after a valid warrantless search incidental to a lawful arrest. 


Was the search and seizure valid? Explain briefly. (5 points) 


Suggested answer 📎

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