Practice question
A purported invitation is backed by an officer’s command that the named suspect accompany police and remain in custody. Which is the proper analysis?
- Accept the label as conclusive regardless of custody.
- Treat every police conversation as conviction.
- Assume the person has waived all rights by hearing the invitation.
- Ignore the officer’s command entirely.
- Examine the actual restraint and submission, not merely the label.
Legal references
- Rules of Court, Rule 113, Sections 2-9, and Rule 114, Section 26, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Pestilos v. Generoso, G.R. No. 182601, November 10, 2014, MAIN decision (not separate opinion), facts gathered promptly after assault and hot-pursuit arrest: https://lawphil.net/judjuris/juri2014/nov2014/gr_182601_2014.html
Answer this question in flashcards to review your response and continue practicing.