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    People vs. Laguio

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    Ana Cee
    The police arrested a private respondent as he was about to enter his parked car without a warrant. During a search, the police found an unlicensed gun and drugs. However, the court ruled the evidence inadmissible because the arrest was illegal. There was no probable cause for an in flagrante delicto arrest, as there was no overt felonious act observed by the police. Since the arrest was unlawful, the subsequent warrantless search was also illegal. Therefore, the evidence obtained from the search was inadmissible.

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    People vs. Laguio

    Uploaded by

    Ana Cee
    743 views1 page
    The police arrested a private respondent as he was about to enter his parked car without a warrant. During a search, the police found an unlicensed gun and drugs. However, the court ruled the evidence inadmissible because the arrest was illegal. There was no probable cause for an in flagrante delicto arrest, as there was no overt felonious act observed by the police. Since the arrest was unlawful, the subsequent warrantless search was also illegal. Therefore, the evidence obtained from the search was inadmissible.

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    The police arrested a private respondent as he was about to enter his parked car without a warrant. During a search, the police found an unlicensed gun and drugs. However, the court ruled the evidence inadmissible because the arrest was illegal. There was no probable cause for an in flagrante delicto arrest, as there was no overt felonious act observed by the police. Since the arrest was unlawful, the subsequent warrantless search was also illegal. Therefore, the evidence obtained from the search was inadmissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    743 views1 page

    People vs. Laguio

    Uploaded by

    Ana Cee
    The police arrested a private respondent as he was about to enter his parked car without a warrant. During a search, the police found an unlicensed gun and drugs. However, the court ruled the evidence inadmissible because the arrest was illegal. There was no probable cause for an in flagrante delicto arrest, as there was no overt felonious act observed by the police. Since the arrest was unlawful, the subsequent warrantless search was also illegal. Therefore, the evidence obtained from the search was inadmissible.

    Copyright:

    © All Rights Reserved
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    Inadmissibility of evidence due to infirmity of an arrest

    PEOPLE VS. LAGUIO, G.R. No. 128587 March 16, 2007


    Facts:
    Private respondent was walking from the Maria Orosa Apartment and was about to
    enter the parked BMW car when the police operatives arrested him. When frisked, there was
    found inside the front right pocket of Wang and confiscated from him an unlicensed guns
    and shabu in the car.
    Issue:
    Is the evidence competent?
    Ruling:
    No. There can be no valid warrantless arrest in flagrante delicto under paragraph
    (a) of Section5 Rule 113 of the Rules on Criminal Procedure. It is settled that "reliable
    information" alone, absent any overt act indicative of a felonious enterprise in the presence
    and within the view of the arresting officers, is not sufficient to constitute probable cause
    that would justify an in flagrante delicto arrest. Hence the warrantless arrest was illegal. Ipso
    jure, the warrantless search incidental to the illegal arrest was likewise unlawful. Therefore
    the evidence obtained was illegal.

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