Flashcards Studio

In a crowded city festival, Patrolman Santos stops a man, Luis Rivera, after noting Rivera repeatedly shuffles toward the edge of the crowd and holds a bulging jacket pocket while avoiding nearby photographers. Without a warrant and without Rivera’s consent, Santos pats down the outer clothing and feels a sharp object tucked into Rivera’s waistband. Rivera is arrested for illegal possession of a dangerous weapon. Rivera moves to suppress the weapon as the product of an unlawful stop and frisk. Advise Rivera on: (a) the controlling doctrine governing warrantless stop-and-frisk in the Philippines and the standard for its validity; (b) how stop-and-frisk differs from other warrantless searches and the limits on the frisk; (c) applying the doctrine to the facts: was the stop supported by reasonable suspicion? was the frisk lawful? is the weapon admissible? what remedies apply if the stop or frisk were unlawful?