Political Law, 2016 Bar — Question VII-B

QUESTION

Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing that Ernesto is a minor, SPO1 Jojo asked Ernesto to exhibit his driver’s license but Ernesto failed to produce it. SPO1 Jojo requested Ernesto to alight from the vehicle and the latter acceded. Upon observing a bulge in the pants of Ernesto, the policeman frisked him and found an unlicensed .22- caliber pistol inside Ernesto’s right pocket. Ernesto was arrested, detained and charged. At the trial, Ernesto, through his lawyer, argued that, policemen at mobile checkpoints are empowered to conduct nothing more than a “visual search.” They cannot order the persons riding the vehicle to alight. They cannot frisk, or conduct a body search of the driver or the passengers of the vehicle. Ernesto’s lawyer thus posited that: (b) The arrest made as a consequence of the invalid search was likewise illegal, because an unlawful act (the search) cannot be made the basis of a lawful arrest. (2.5%) Rule on the correctness of the foregoing arguments, with reasons.

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