Philippine Bar review · Question

Practice question: Stop and Frisk

Multiple Choice Medium

Practice question

An officer personally sees a suspicious transparent sachet being concealed, identifies himself, makes inquiry and observes attempted flight, on facts materially matching Esquillo. Is this indistinguishable from a wholly uncorroborated anonymous tip?
  1. No; the personally observed conduct supplied additional concrete circumstances
  2. Yes; personal observations are never relevant
  3. Yes; all frisks rest on tips alone
  4. Yes; every attempted flight proves every crime
  5. Yes; no factual assessment is needed

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

Answer this question in flashcards to review your response and continue practicing.