Political Law, 2011 Bar — Question 40
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An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstasy in Forbes Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver’s waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver’s seat. The driver admitted they were ecstasy. Is the search valid? (A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police. (B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end. (C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun. (D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles.
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