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    Espano Vs CA G.R. No. 120431 April 1, 1998 Romero, J.

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    Rica Marion Dayag
    Rodolfo Espano was apprehended by police officers after they witnessed him selling something to another person. A search of his person yielded two plastic bags containing marijuana. Espano then told the officers he had more marijuana in his house. The officers went to his house without a warrant and found 10 more plastic bags of marijuana. Espano was convicted by the trial court and the conviction was affirmed by the Court of Appeals. The Supreme Court upheld the search of Espano's person as a valid search incident to arrest but ruled the warrantless search of his home unconstitutional since the officers did not have a search warrant.

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    Espano Vs CA G.R. No. 120431 April 1, 1998 Romero, J.

    Uploaded by

    Rica Marion Dayag
    86 views1 page
    Rodolfo Espano was apprehended by police officers after they witnessed him selling something to another person. A search of his person yielded two plastic bags containing marijuana. Espano then told the officers he had more marijuana in his house. The officers went to his house without a warrant and found 10 more plastic bags of marijuana. Espano was convicted by the trial court and the conviction was affirmed by the Court of Appeals. The Supreme Court upheld the search of Espano's person as a valid search incident to arrest but ruled the warrantless search of his home unconstitutional since the officers did not have a search warrant.

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    46. Espano vs CA - Dayag

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    Rodolfo Espano was apprehended by police officers after they witnessed him selling something to another person. A search of his person yielded two plastic bags containing marijuana. Espano then told the officers he had more marijuana in his house. The officers went to his house without a warrant and found 10 more plastic bags of marijuana. Espano was convicted by the trial court and the conviction was affirmed by the Court of Appeals. The Supreme Court upheld the search of Espano's person as a valid search incident to arrest but ruled the warrantless search of his home unconstitutional since the officers did not have a search warrant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    86 views1 page

    Espano Vs CA G.R. No. 120431 April 1, 1998 Romero, J.

    Uploaded by

    Rica Marion Dayag
    Rodolfo Espano was apprehended by police officers after they witnessed him selling something to another person. A search of his person yielded two plastic bags containing marijuana. Espano then told the officers he had more marijuana in his house. The officers went to his house without a warrant and found 10 more plastic bags of marijuana. Espano was convicted by the trial court and the conviction was affirmed by the Court of Appeals. The Supreme Court upheld the search of Espano's person as a valid search incident to arrest but ruled the warrantless search of his home unconstitutional since the officers did not have a search warrant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Espano vs CA

    G.R. No. 120431 April 1, 1998


    Romero, J.:
    FACTS: Petitioner Rodolfo Espano was apprehended by police officers of the Western Police District (WPD),
    Narcotics Division. After seeing Espano selling something to another person, the policemen approached him,
    identified themselves as police officers and frisked him. The search yielded two plastic cellophane tea bags of
    marijuana. The police officers asked Espano if he had more, he replied that he had more in his house. The policemen
    went to his where they found 10 more cellophane tea bags of marijuana. Petitioner was brought to the police
    headquarters where he was charged with possession of prohibited drugs
    Petitioner was convicted by the RTC. Petitioner appealed in CA but CA affirmed the decision of the RTC.
    ISSUE: Whether or not the warrantless search performed by the police officers is constitutional.
    HELD: Espano was caught in the act of committing an offense by the police officers. This is an exception to the
    warrantless search rule provided by Rule 113 Section 5(a) of the Rules of Court.
    The articles seized from petitioner during his arrest were valid under the doctrine of search made incidental to a
    lawful arrest. The warrantless search made in his house, however, which yielded ten cellophane bags of marijuana
    became unlawful since the police officers were not armed with a search warrant at the time. Moreover, it was
    beyond the reach and control of petitioner.

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