Practice question
An officer claims a person was involved in an earlier attempted bombing but offers no corroborating report or witness, and the claim is contradicted by the arrest account. What does Malacat require the court to examine?
- Whether the asserted factual basis is credible and actually supports the intrusion
- Only whether the officer used the words stop and frisk
- Only whether the seized object is dangerous
- Only the person’s appearance or ethnicity
- Only the number of officers present
Legal references
- Malacat v Court of Appeals, GR123595, December12,1997, MAIN opinion, stop-and-frisk grounds and limits: https://lawphil.net/judjuris/juri1997/dec1997/gr_123595_1997.html
- Esquillo v People, GR182010, August25,2010, MAIN opinion, concrete suspicious conduct and attempted flight: https://lawphil.net/judjuris/juri2010/aug2010/gr_182010_2010.html
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