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Question 9

2023 Bar · Political Law · 1 sub-question

9. For purposes of the investigation of work-related misconduct, the Presidential Management Staff (PMS), searched the office computer of its employee, Zenaida, without the consent of the latter and without a search warrant. The personal files of Zenaida stored in the computer, which were seized during the search, were eventually used by the PMS as evidence of misconduct. Zenaida was accordingly dismissed from service. Zenaida now comes to you for advice Page 4 of 7 claiming that the search was unconstitutional for being violative of her right to privacy and right against unreasonable searches and seizures. Provide your legal advice with reasons.

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