This case has been cited 3 times or more.
|
2007-02-23 |
GARCIA, J. |
||||
| In People v. Chua Ho San,[12] we pointed out that the interdiction against warrantless searches and seizures is not absolute and that warrantless searches and seizures have long been deemed permissible by jurisprudence in the following instances: (1) search of moving vehicles; (2) seizure in plain view; (3) customs searches; (4) waiver or consented searches; (5) stop and frisk situations (Terry search); and (6) search incidental to a lawful arrest. The last includes a valid warrantless search and seizure pursuant to an equally warrantless arrest, for, while as a rule, an arrest is considered legitimate if effected with a valid warrant of arrest, the Rules of Court recognizes permissible warrantless arrest, to wit: (1) arrest in flagrante delicto; (2) arrest effected in hot pursuit; and (3) arrest of escaped prisoners. | |||||
|
2003-09-26 |
TINGA, J. |
||||
| It is significant to note that the search in question preceded the arrest. Recent jurisprudence holds that the arrest must precede the search; the process cannot be reversed.[71] Nevertheless, a search substantially contemporaneous with an arrest can precede the arrest if the police have probable cause to make the arrest at the outset of the search.[72] The question, therefore, is whether the police in this case had probable cause to arrest appellants. Probable cause has been defined as:an actual belief or reasonable grounds of suspicion. The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense, is based on actual facts, i.e., supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested. A reasonable suspicion therefore must be founded on probable cause, coupled with good faith of the peace officers making the arrest.[73] The long-standing rule in this jurisdiction, applied with a great degree of consistency, is that "reliable information" alone is not sufficient to justify a warrantless arrest under Section 5 (a), Rule 113. The rule requires, in addition, that the accused perform some overt act that would indicate that he "has committed, is actually committing, or is attempting to commit an offense." | |||||
|
2001-12-14 |
PARDO, J. |
||||
| In the case at bar, there is no showing of probable cause. "Probable cause" signifies a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man's belief that the person accused is guilty of the offense with which he is charged.[54] The grounds for suspicion must be reasonable and supported by sufficiently strong circumstances.[55] The law violated is R. A. No. 3019, Section 3(e). It provides, | |||||