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Caballes Vs Court of Appeals
Caballes Vs Court of Appeals
underneath the leaves. Object was not in plain view which could have justified mere
seizure without further search.
3. Consented search
At most, there was only implied acquiescence, a mere passive conformity, which is
no consent at all within the purview of the constitutional guarantee. Evidence is
lacking that Caballes intentionally surrendered his right against unreasonable
searches.