Practice question
Under Malacat, must the grounds for a protective frisk be assessed from facts available before it rather than the contraband eventually found?
- Yes
- No; later discovery always supplies the original grounds
- Only the contraband’s value matters
- Only the officer’s rank matters
- Only a conviction can create the grounds
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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