Name: Subject: Crim Pro & Court Testimony

Block No.: Assignment No. 3

Score:

Instructions.

Copy-pasting from online sources and other references as well as copying the work of other students is
strictly discouraged. Copy-pasted answers will NOT be given any credit or will be given a ZERO “0” score.
Use WORD format in answering.

1. Joshua, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing
that Joshua is like a minor, SPOl Valentin asked Joshua to exhibit his driver's license
but Joshua failed to produce it. SPOI Valentin requested Joshua to alight from the
vehicle and the latter acceded. Upon observing a bulge in the pants of Joshua, the
policeman frisked him and found an unlicensed .22-caliber pistol inside Joshua's right
pocket. Joshua was arrested, detained and charged. At the trial, Joshua, 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.

(a) Is the search conducted in violation of the Constitution and established

jurisprudence. Hence an illegal search? (5 points)
(b) Is the gun which was seized in the course of the said search admissible as
evidence? (5 points)

2. Larry was an overnight guest in a motel. After he checked out the following day, the
chambermaid found an attache case which she surmised was left behind by Larry. She
turned it over to the manager who, to determine the name and address of the owner,
opened the attache case and saw packages which had a peculiar smell and upon
squeezing felt like dried leaves. His curiosity aroused, the manager made an opening
on one of the packages and took several grams of the contents thereof. He took the
packages to the NBI, and in the presence of agents, opened the packages, the contents
of which upon laboratory examination, turned out to be marijuana flowering tops, Larry
was subsequently found, brought to the NBI Office where he admitted ownership of the
attache case and the packages. He was made to sign a receipt for the packages. Larry
was charged in court for possession of prohibited drugs. He was convicted.
On appeal, he now poses the following issues: 1) The packages are inadmissible in
evidence being the product of an illegal search and seizure; 2) Neither is the receipt he
signed admissible, his rights under custodial investigation not having been observed.

Is Larry correct? Decide. (10 points)

3. When the accused is entitled as a matter of right to bail, may the court refuse to grant
him bail on the ground that there exists a high degree of probability that he will abscond
or escape? Explain. (10 points)