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    People vs. Aruta

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    Cistron Exon
    The Supreme Court reversed the conviction of a woman accused of possessing marijuana. Police had approached the woman at a bus terminal based on a tip, without a warrant, and she handed over her bag which contained marijuana. The Court found the warrantless search and seizure was illegal because: 1) The woman was merely crossing the street and acting suspiciously 2) Police had no probable cause to conclude a crime was being committed 3) Police had over 24 hours to obtain a warrant but failed to do so

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    People vs. Aruta

    Uploaded by

    Cistron Exon
    185 views1 page
    The Supreme Court reversed the conviction of a woman accused of possessing marijuana. Police had approached the woman at a bus terminal based on a tip, without a warrant, and she handed over her bag which contained marijuana. The Court found the warrantless search and seizure was illegal because: 1) The woman was merely crossing the street and acting suspiciously 2) Police had no probable cause to conclude a crime was being committed 3) Police had over 24 hours to obtain a warrant but failed to do so

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    People vs. Aruta

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    The Supreme Court reversed the conviction of a woman accused of possessing marijuana. Police had approached the woman at a bus terminal based on a tip, without a warrant, and she handed over her bag which contained marijuana. The Court found the warrantless search and seizure was illegal because: 1) The woman was merely crossing the street and acting suspiciously 2) Police had no probable cause to conclude a crime was being committed 3) Police had over 24 hours to obtain a warrant but failed to do so

    Copyright:

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

    People vs. Aruta

    Uploaded by

    Cistron Exon
    The Supreme Court reversed the conviction of a woman accused of possessing marijuana. Police had approached the woman at a bus terminal based on a tip, without a warrant, and she handed over her bag which contained marijuana. The Court found the warrantless search and seizure was illegal because: 1) The woman was merely crossing the street and acting suspiciously 2) Police had no probable cause to conclude a crime was being committed 3) Police had over 24 hours to obtain a warrant but failed to do so

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People vs.

    Aruta public thoroughfares furnishes a highly reasonable suspicion amounting to


    288 SCRA 626 / G.R. No. 120515 / April 13, 1998 probable cause that the occupant committed a criminal activity;
    4. Consented warrantless search;
    Facts: On Dec. 13, 1988, P/Lt. Abello was tipped off by his informant that a certain 5. Customs search;
    “Aling Rosa” will be arriving from Baguio City with a large volume of marijuana and 6. Stop and Frisk;
    assembled a team. The next day, at the Victory Liner Bus terminal they waited for 7. Exigent and Emergency Circumstances.
    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 The essential requisite of probable cause must still be satisfied before a warrantless
    Abello asked “aling Rosa” about the contents of her bag, the latter handed it out to search and seizure can be lawfully conducted.
    the police. They found dried marijuana leaves packed in a plastic bag marked “cash
    katutak”. 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
    Instead of presenting its evidence, the defense filed a demurrer to evidence alleging was committing a crime. There was no legal basis to effect a warrantless arrest of
    the illegality of the search and seizure of the items. In her testimony, the accused the accused’s bag, there was no probable cause and the accused was not lawfully
    claimed that she had just come from Choice theatre where she watched a movie arrested.
    “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 The police had more than 24 hours to procure a search warrant and they did not do
    knowledge of the identity of the old woman and the woman was nowhere to be so. The seized marijuana was illegal and inadmissible evidence.
    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

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