Philippine Bar review · Question

Practice question: Stop and Frisk

Multiple Choice Easy

Practice question

Is a protective stop-and-frisk analytically identical to a search incident to an already lawful arrest?
  1. No; the legal predicates are distinct
  2. Yes; the labels always mean the same thing
  3. Yes; every frisk requires a prior conviction
  4. Yes; any frisk automatically proves an arrest lawful
  5. 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

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