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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: A suspect, LISA REYES, is arrested without a warrant by a patrolman at a public market for alleged robbery with violence. She is brought to the City Prosecution Office within 8 hours. The inquest presiding officer is the arresting patrolman, who personally questions Lisa and records her statements, while defense counsel is not allowed to participate. The inquest lasts about 2.5 hours. The prosecutor later files Information for Robbery with violence. Lisa challenges the inquest as invalid on the grounds that: (1) inquest must be conducted by a public prosecutor or a judge, not by a police officer; (2) the inquest must be concluded within 24 hours from arrest; and (3) the accused has the right to counsel during the inquest. With these facts, answer: (a) Identify the governing rule on inquest and who may conduct it; (b) Explain whether the described inquest complies with the rule and why; (c) If the inquest is invalid, what remedies are available and how would that affect the Information filed?

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If inquest is invalid, the statements gathered during inquest are automatically inadmissible in any future proceedings; the Information would have to be dismissed with prejudice and cannot be refiled. Inquest may be conducted by a police officer if he acts with proper supervision, so the presiding officer’s identity is irrelevant; therefore the inquest is valid and the Information may stand; no remedy is needed. The governing rule is Rule 112 on Inquest; inquest must be conducted by a public prosecutor on duty or by a judge; the described inquest is invalid because it was presided by a police officer and defense counsel was barred; the remedy is dismissal of the Information and a new, proper preliminary investigation should be conducted before any new Information may be filed. Inquest must be concluded within 24 hours; since the inquest lasted only 2.5 hours, it complied with the timing rule, and the presiding officer’s identity is immaterial; thus the Information is potentially valid.

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