Sunday, September 8, 2013

Warrantless offense

Does one need a search warrant to commit an offense?

It seems so from Rule 126 of the Rules of Court:
Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.
This is, actually, a case of misplaced modifier as discussed here.

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