CASE TITLE: PEOPLE VS.

ARUTA
G.R. NO. 120515; 13 APR 1998 FACTS:

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 contents 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. RULING: 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. 5. 6. 7. Consented warrantless search; Customs search; Stop and Frisk; 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. 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.