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INSTRUCTIONS:
Please answer this essay exam briefly, logically and legibly. Examinees are
given full two (2) hours to finish this exam.
6. (Stop and Frisk) Don-Don was walking along a dark street when a
police officer PO1 Rodel noticed that there was bulging on the waist of
Don-Don. PO1 Rodel then approached him and asked him to raise his
two hands and his legs be spread because he will be conducting a
minor search on his body. Don-Don, however, protested that he cannot
be searched because PO1 Rodel has no search warrant to authorize
him to search his body. Nevertheless, PO1 Rodel searched Don-Don
and found inside his pocket three (3) sachets of shabu.
After the surveillance, NBI Agent Joey confirmed that it was Melchor
who had been distributing illegal drugs to the students of IBC. Without
delay, NBI Agent Joey conducted a buy-bust operation along the gate
of the campus. Upon handing down the mark money, Melchor was
immediately handcuffed. NBI Agent Joey then asked Melchor if he still
has some illegal drugs kept inside his house to which Melchor
admitted. Then Melchor accompanied NBI Agent Joey inside his house
and pointed to a drawer. When Joey opened the drawer, VOILA,
several sachets of shabu were found.
Was the conduct of the search inside the house of Melchor valid?
8. Give the three (3) inherent powers of the government and explain
each.
For that reason, she was brought to the Police Station because of
driving without a helmet and without a drivers license. Inside the
police station, a police woman searched the bag of Carol and found an
unlicensed .38 Caliber pistol. Was the search valid as an incident to a
lawful arrest?