ACTIVITY 1

I.A. As counsel for X:

The search is not valid. Under the doctrine of plain view, in checkpoints, only those that can
be seen in plain view can be searched and seized. Even if the prosecution argues that the
defendant agreed to open the bag, he was only intimidated to do so because the officers
were carrying gun. Thus, the defendant cannot just freely refuse the officers in opening his
bag. Furthermore, for a warrantless search to be made, there must be a sufficient probable
cause.

B. As prosecutor:
The search conducted by the police officers are valid. One of the exemptions to the general
rules requiring search warrant is a search leading to a lawful arrest.

Under the Rule 113, Section 5 of the Rules on Criminal Procedure provides:

SEC. 5. Arrest without warrant; when lawful. A peace officer or a private person
may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; xxx.

As presented in the evidence and testimonies, there is a probable cause for the officers to
conduct a warrantless search and arrest. Given that there is a tip from one of their
informants, there is a sufficient ground to believe that the crime is being committed. In
addition, the information given was a clear description and matched with the details of the
defendant.

Thus, in the case at bar, the search is valid because the defendant is caught in flagrante
delicto..

II.
The arrest, search and seizure are valid. As a general rule, a search warrant and
warrant of arrest is needed in apprehending the accused and evidences to criminalize him. As
an exemption, a person may be arrested without a warrant when he is an escapee from a
penal establishment or place where he is serving judgment, or temporarily confined while his
case is pending. In the case at bar, B is already a wanted person or a fugitive from justice by
the state. Thus, when he was pursued by the officers, they were duly exercising their
function to arrest a wanted person.
In a warrantless search, one of the exceptions to the general rule requiring a search warrant
is a search incident to a lawful arrest. Under the Rule 126 Section 12 of the 1985 Rules on
Criminal Procedure , it states that:

Section 12. Search incident to a lawful arrest. A person lawfully arrested may be
searched for dangerous weapons or anything which may be used as proof of the
commission of an offense, without a search warrant.
Thus, when a person caught in flagrante delicto, the officers may search and seized his
possessions. The case at bar falls within the exception. Thus, the search and seizure of the
illegal items are valid. Moreover