Practice question
The prosecution invokes Esquillo to justify frisking any person who walks away from police, although there is no observed suspicious object or other surrounding fact. Which reading is sound?
- Esquillo’s combined facts must be considered; it is not a universal rule that walking away alone authorizes a frisk
- Esquillo eliminates all factual limits
- Every movement away proves a concealed weapon
- The officer need identify no circumstances
- Anyone who declines conversation automatically loses constitutional protection
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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