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Question
Under A.M. No. 21-06-08-SC (Rules on the Use of Body-worn Cameras in the Execution of Warrants), during the execution of a warrant for illegal possession of cultural artifacts at a private art museum, the arrest team enters at 4:40 a.m. The team leader’s body-worn camera is activated before entry and records the doorway; another officer’s BWC fails to activate at the crucial moment of entry due to a drained battery and is turned on after the doorway has been breached. A scuffle ensues and artifacts are seized. A private security camera inside the museum captured the entry but the footage is not produced by the police. The defense moves to suppress the seized artifacts on the ground that the team did not comply with the BWCs guidelines. (a) Identify the governing doctrine/rule and state whether non-activation or late activation of BWCs impacts the admissibility of evidence obtained during the search. (b) Distinguish whether any non-compliance with the BWCs guidelines can lead to suppression of evidence or only administrative consequences. (c) Apply the rule to the facts: should the artifacts be admitted or suppressed, and why?