Political Law, 2011 Bar — Question 82

MULTIPLE CHOICE

Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. When they saw a man who fitted (sic) the description walking from the apartment to his car, they approached and frisked him and he did not object. The search yielded an unlicensed gun tucked on his waist and shabu in his car. Is the search valid? (A) No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him. (B) Yes, the police acted on reliable information which proved correct when they searched the man and his car. (C) Yes, the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking. (D) No, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search.

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