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    G.R. No. 120915 People Vs ARUTA

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    Joyce Sumagang Reyes
    1) Police received a tip that a woman named "Aling Rosa" would be arriving from Baguio City with a large amount of marijuana. At the bus terminal, police identified and approached the woman, asking to search her bag. She handed over the bag, which contained dried marijuana leaves. 2) The accused claimed she did not know the contents of the bag and that an unknown old woman had asked her to carry the bag just before police arrested her. 3) The court found the warrantless search and seizure to be illegal. Police had no probable cause to conduct the search as the accused was not acting suspiciously and there were no legal grounds for a warrantless arrest. The seized marijuana was

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    G.R. No. 120915 People Vs ARUTA

    Uploaded by

    Joyce Sumagang Reyes
    1K views1 page
    1) Police received a tip that a woman named "Aling Rosa" would be arriving from Baguio City with a large amount of marijuana. At the bus terminal, police identified and approached the woman, asking to search her bag. She handed over the bag, which contained dried marijuana leaves. 2) The accused claimed she did not know the contents of the bag and that an unknown old woman had asked her to carry the bag just before police arrested her. 3) The court found the warrantless search and seizure to be illegal. Police had no probable cause to conduct the search as the accused was not acting suspiciously and there were no legal grounds for a warrantless arrest. The seized marijuana was

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    G.R.-No.-120915-People-vs-ARUTA

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    1) Police received a tip that a woman named "Aling Rosa" would be arriving from Baguio City with a large amount of marijuana. At the bus terminal, police identified and approached the woman, asking to search her bag. She handed over the bag, which contained dried marijuana leaves. 2) The accused claimed she did not know the contents of the bag and that an unknown old woman had asked her to carry the bag just before police arrested her. 3) The court found the warrantless search and seizure to be illegal. Police had no probable cause to conduct the search as the accused was not acting suspiciously and there were no legal grounds for a warrantless arrest. The seized marijuana was

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views1 page

    G.R. No. 120915 People Vs ARUTA

    Uploaded by

    Joyce Sumagang Reyes
    1) Police received a tip that a woman named "Aling Rosa" would be arriving from Baguio City with a large amount of marijuana. At the bus terminal, police identified and approached the woman, asking to search her bag. She handed over the bag, which contained dried marijuana leaves. 2) The accused claimed she did not know the contents of the bag and that an unknown old woman had asked her to carry the bag just before police arrested her. 3) The court found the warrantless search and seizure to be illegal. Police had no probable cause to conduct the search as the accused was not acting suspiciously and there were no legal grounds for a warrantless arrest. The seized marijuana was

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    of 1

    Searches and Seizures # 11

    People vs. Aruta


    288 SCRA 626
    G.R. No. 120515 April 13, 1998

    Facts: On Dec. 13, 1988, 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

    Petitioner’s Contention and Legal Basis:


    Petitioner contend that the illegality of the search and seizure of the items thereby violating accused-appellant’s
    constitutional right against unreasonable search and seizure as well as their inadmissibility in evidence

    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 public thoroughfares furnishes a highly reasonable
    suspicion amounting to probable cause that the occupant committed a criminal activity;
    4. Consented warrantless search;
    5. Customs search;
    6. Stop and Frisk;
    7. 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 accused’s 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.

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