This case has been cited 2 times or more.
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2009-12-23 |
VELASCO JR., J. |
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| It is erroneous as well to argue that there was no probable cause to arrest accused-appellants. Probable cause, in warrantless searches, must only be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed. There is no hard and fast rule or fixed formula for determining probable cause, for its determination varies according to the facts of each case.[17] Probable cause was provided by information gathered from the CI and from accused-appellants themselves when they instructed PO1 Ayao to enter their vehicle and begin the transaction. The illegal sale of shabu inside accused-appellants' vehicle was afterwards clearly established. Thus, as we have previously held, the arresting officers were justified in making the arrests as accused-appellants had just committed a crime when Ara sold shabu to PO1 Ayao.[18] Talib and Musa were also frisked for contraband as it may be logically inferred that they were also part of Ara's drug activities inside the vehicle. This inference was further strengthened by Musa's attempt to drive the vehicle away and elude arrest. | |||||
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2008-07-28 |
QUISUMBING, J. |
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| Considering the legality of Bohol's warrantless arrest, the subsequent warrantless search that resulted in the seizure of the shabu found in his person is likewise valid. In a legitimate warrantless arrest, the arresting police officers are authorized to search and seize from the offender (1) any dangerous weapons and (2) the things which may be used as proof of the commission of the offense.[14] The constitutional proscription against warrantless searches and seizures admits of certain exceptions. This Court has ruled that the following instances constitute valid warrantless searches and seizures: (1) search incident to a lawful arrest; (2) search of a moving motor vehicle; (3) search in violation of customs laws; (4) seizure of the evidence in plain view; (5) search when the accused himself waives his right against unreasonable searches and seizures; (6) stop and frisk; and (7) exigent and emergency circumstances.[15] | |||||