Remedial Law, 2015 Bar — Question XVII-B

ESSAY

Hercules was walking near a police station when a police officer signaled for him to approach. As soon as Hercules came near, the police officer frisked him but the latter found no contraband. The police officer told Hercules to get inside the police station. Inside the police station, Hercules asked the police officer, “Sir, may problema po ba?” Instead of replying, the police officer locked up Hercules inside the police station jail. If Hercules filed with the Ombudsman a complaint for warrantless search, as counsel for the police officer, what defense will you raise for the dismissal of the complaint? (3%)

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