Crim Pro Case Digest
Crim Pro Case Digest
Crim Pro Case Digest
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Thereafter, accused was invited outside the bus for questioning. But before he alighted from the bus, accused stopped to
get two (2) travelling bags from the luggage carrier. Upon stepping out of the bus, the officers got the bags and opened
them. A teddy bear was found in each bag. Feeling the teddy bears, the officer noticed that there were bulges inside the
same which did not feel like foam stuffing. It was only after the officers had opened the bags that accused finally
presented his passport.
Accused was then brought to the headquarters of the NARCOM at Camp Dangwa, La Trinidad, Benguet for further
investigation. At the investigation room, the officers opened the teddy bears and they were found to also contain hashish.
Representative samples were taken from the hashish found among the personal effects of accused and the same were
brought to the PC Crime Laboratory for chemical analysis.
In the chemistry report, it was established that the objects examined were hashish. a prohibited drug which is a derivative
of marijuana. Thus, an information was filed against accused for violation of the Dangerous Drugs Act.
ACCUSEDS DEFENSE
During the arraignment, accused entered a plea of "not guilty." For his defense, he raised the issue of illegal search of his
personal effects. He also claimed that the hashish was planted by the NARCOM officers in his pouch bag and that the two
(2) travelling bags were not owned by him, but were merely entrusted to him by an Australian couple whom he met in
Sagada. He further claimed that the Australian couple intended to take the same bus with him but because there were no
more seats available in said bus, they decided to take the next ride and asked accused to take charge of the bags, and that
they would meet each other at the Dangwa Station.
The trial court found the guilt of the accused Mikael Malmstedt established beyond reasonable doubt.
Seeking the reversal of the decision of the trial court finding him guilty of the crime charged, accused argues that the
search of his personal effects was illegal because it was made without a search warrant and, therefore, the prohibited
drugs which were discovered during the illegal search are not admissible as evidence against him.
Issue: Whether or Not the contention of the accused is valid, and therefore the RTC ruling be reversed.
Held:
The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures. However, where the search is made pursuant to a lawful arrest, there is no need to
obtain a search warrant. A lawful arrest without a warrant may be made by a peace officer or a private person under the
following circumstances.
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;
(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to
be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving
final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one
confinement to another.
Accused was searched and arrested while transporting prohibited drugs (hashish). A crime was actually being committed
by the accused and he was caught in flagrante delicto. Thus, the search made upon his personal effects falls squarely
under paragraph (1) of the foregoing provisions of law, which allow a warrantless search incident to a lawful arrest.
While it is true that the NARCOM officers were not armed with a search warrant when the search was made over the
personal effects of accused, however, under the circumstances of the case, there was sufficient probable cause for said
officers to believe that accused was then and there committing a crime.
Probable cause has been defined as such facts and circumstances which could lead a reasonable, discreet and prudent
man to believe that an offense has been committed, and that the objects sought in connection with the offense are in the
place sought to be searched. Warrantless search of the personal effects of an accused has been declared by this Court as
valid, because of existence of probable cause, where the smell of marijuana emanated from a plastic bag owned by the
accused, 10 or where the accused was acting suspiciously, 11 and attempted to flee.
The appealed judgment of conviction by the trial court is hereby affirmed. Costs against the accused-appellant.
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