Practice question
Police describe a peaceful group mainly by ethnic appearance and rapidly moving eyes. Their story of a prior bombing attempt lacks corroboration and conflicts with their arrest account. They find a grenade after intrusion and argue it retroactively establishes reasonableness. Under Malacat, which is correct?
- The later find does not cure the inadequate pre-search basis identified by the Court
- A grenade always validates every prior intrusion
- Ethnic appearance is conclusive proof of concealed weapons
- Every uncorroborated officer allegation must be accepted
- The officer’s label replaces the factual inquiry
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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