Practice question
Is a protective stop-and-frisk analytically identical to a search incident to an already lawful arrest?
- No; the legal predicates are distinct
- Yes; the labels always mean the same thing
- Yes; every frisk requires a prior conviction
- Yes; any frisk automatically proves an arrest lawful
- Yes; only a search warrant distinguishes them
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.