People vs. Aruta 288 SCRA 626 G.R. No. 120515 April 13, 1998 Facts: On Dec.

13, 1988, P/Lt. Abello was tipped off by his informant that a certain Aling Rosa will be arriving from Baguio City with a large volume of marijuana and assembled a team. The next day, at the Victory Liner Bus terminal they waited for the bus coming from Baguio, when the informer pointed out who Aling Rosa was, the team approached her and introduced themselves as NARCOM agents. When Abello asked aling Rosa about the content s of her bag, the latter handed it out to the police. They found dried marijuana leaves packed in a plastic bag marked cash katutak. Instead of presenting its evidence, the defense filed a demurrer to evidence alleging the illegality of the search and seizure of the items. In her testimony, the accused claimed that she had just come from Choice theatre where she watched a movie Balweg. While about to cross the road an old woman asked her for help in carrying a shoulder bag, when she was later on arrested by the police. She has no knowledge of the identity of the old woman and the woman was nowhere to be found. Also, no search warrant was presented. The trial court convicted the accused in violation of the dangerous drugs of 1972 Issue: Whether or Not the police correctly searched and seized the drugs from the accused. Held: The following cases are specifically provided or allowed by law: 1. Warrantless search incidental to a lawful arrest recognized under Section 12, Rule 126 of the Rules of Court 8 and by prevailing jurisprudence 2. Seizure of evidence in "plain view," the elements of which are: (a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (b) the evidence was inadvertently discovered by the police who had the right to be where they are; (c) the evidence must be immediately apparent, and (d) "plain view" justified mere seizure of evidence without further search; 3. Search of a moving vehicle. Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity; 4. Consented warrantless search; 5. Customs search; 6. Stop and Frisk; 7. Exigent and Emergency Circumstances. The essential requisite of probable cause must still be satisfied before a warrantless search and seizure can be lawfully conducted. The accused cannot be said to be committing a crime, she was merely crossing the street and was not acting suspiciously for the Narcom agents to conclude that she was committing a crime. There was no legal basis to effect a warrantless arrest of the accuseds bag, there was no probable cause and the accused was not lawfully arrested.

him, inspected his bag and finding what looked liked marijuana leaves took him to their headquarters for investigation. The two bundles of suspect articles were confiscated from him and later taken to the NBI laboratory for examination. It was found to contain three kilos of what were later analyzed as marijuana leaves by an NBI forensic examiner. An information for violation of the Dangerous Drugs Act was filed against him. Later, the information was amended to include Farida Ali y Hassen, who had also been arrested with him that same evening and likewise investigated. Both were arraigned and pleaded not guilty. Subsequently, the fiscal filed a motion to dismiss the charge against Ali on the basis of a sworn statement of the arresting officers absolving her after a 'thorough investigation." The motion was granted, and trial proceeded only against the accusedappellant, who was eventually convicted . In his defense, Aminnudin disclaimed the marijuana, averring that all he had in his bag was his clothing consisting of a jacket, two shirts and two pairs of pants. He allegedthat he was arbitrarily arrested and immediately

handcuffed. His bag was confiscated without a search warrant. At the PC headquarters, he was manhandled to force him to admit he was carrying the marijuana,the investigator hitting him with a piece of wood in the chest and arms even as he parried the blows while he was still handcuffed. He insisted he did not even know what marijuana looked like and that his business was selling watches and sometimes cigarettes. However the RTC rejected his allegations. Saying that he only has two watches during that time and that he did not sufficiently proved the injuries allegedly sustained.

Issue: Whether or not search of defendants bag is legal.

Held: The search was illegal. Defendant was not caught in flagrante delicto, which could allow warrantless arrest or search. At the moment of his arrest, he was not committing a crime. Nor was he about to do so or had just done so. To all appearances, he was like any of the other passengers innocently disembarking from the vessel. The said marijuana therefore could not be appreciated as evidence

The police had more than 24 hours to procure a search warrant and they did not do so. The seized marijuana was illegal and inadmissible evidence. PEOPLE VS. AMMINUDIN [163 SCRA 402; G.R. L-74869; 6 Jul 1988]

against the defendant, and furthermore he is acquitted of the crime as charged. People vs. Salanguit 356 SCRA 683 G.R. Nos. 133254-55 April 19, 2001 FACTS: A search warrant was shown to the accused-appellant and the police operatives started searching the house. They found heat-sealed transparent plastic bags containing a white crystalline substance, a paper clip box also containing a white crystalline substance, and two

Facts: Idel Aminnudin, accused-appellant was arrested on June 25, 1984, shortly after disembarking from the M/V Wilcon 9 at about 8:30 in the evening, in Iloilo City. The PC officers who were in fact waiting for him because of a tip from one their informers simply accosted

bricks of dried leaves which appeared to be marijuana. A receipt of the items seized was prepared, but the accused-appellant refused to sign it. Charges against Roberto Salanguit y Ko for violations of Republic Act (RA) 6425, i.e. for possession of shabu and marijuana, (Criminal Cases Q-95-64357 and Q-95-64358, respectively) were filed, and after hearing, the trial court convicted him in Criminal Cases Q-95-64357 and Q-95-64358 for violation of Section 16 and 8, respectively. The accused-appellant contended that the evidence against him was inadmissible because the warrant used in obtaining it was invalid. ISSUES: Whether the warrant was invalid for failure of providing evidence to support the seizure of drug paraphernalia, and whether the marijuana may be included as evidence in light of the plain view doctrine. HELD: Yes. The warrant authorized the seizure of undetermined quantity of shabu and drug paraphernalia. Evidence was presented showing probable cause of the existence of methamphetamine hydrochloride or shabu. The fact that there was no probable cause to support the application for the seizure of drug paraphernalia does not warrant the conclusion that the search warrant is void. This fact would be material only if drug paraphernalia was in fact seized by the police. The fact is that none was taken by virtue of the search warrant issued. If at all, therefore, the search warrant is void only insofar as it authorized the seizure of drug paraphernalia, but it is valid as to the seizure of methamphetamine hydrochloride as to which evidence was presented showing probable cause as to its existence. In sum, with respect to the seizure of shabu from Salanguits residence, Search Warrant 160 was properly issued, such warrant being founded on probable cause personally determined by the judge under oath or affirmation of the deposing witness and particularly describing the place to be searched and the things to be seized. With respect to, and in light of the plain view doctrine, the police failed to allege the time when the marijuana was found, i.e., whether prior to, or contemporaneous with, the shabu subject of the warrant, or whether it was recovered on Salanguits person or in an area within his immediate control. Its recovery, therefore, presumably during the search conducted after the shabu had been recovered from the cabinet, as attested to by SPO1 Badua in his deposition, was invalid. Thus, the Court affirmed the decision as to Criminal Case Q-9564357 only. (1) There must have been a prior valid intrusion, and the officer must have had a right to be at the place searched at the time of the search; (2) The evidence was inadvertently discovered; (3) The evidence must be immediately apparent; (4) There was no need for further search. e. f. g. Customs searches Stop and Frisk/ Exigent circumstances Emergency d. Objects in plain view (1) The person has knowledge of his right against the search; (2) He freely gives his consent in spite of such knowledge. it is a personal right. b. c. Search of moving vehicles Consent searches that the life of the peace officer will not be endangered. a. Incident to a lawful arrest SUMMARY SEARCH AND SEIZURE 1. The Constitution does not prohibit all kinds of searches and seizures. It only prohibits unreasonable searches and seizures. 2. A search and seizure is unreasonable if it is made without a warrant, or the warrant was invalidly issued. 3. A search and seizure without a warrant is still reasonable if conducted under the following circumstances: