This case has been cited 3 times or more.
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2015-08-17 |
CARPIO, J. |
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| Although the term eludes exact definition, 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; or the existence of such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been committed and that the items, articles or objects sought in connection with said offense or subject to seizure and destruction by law are in the place to be searched.[44] The determination of probable cause must be resolved according to the facts of each case.[45] | |||||
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2010-12-13 |
MENDOZA, J. |
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| Paragraph (c) of Rule 113 is clearly inapplicable to this case. Paragraphs (a) and (b), on the other hand, may be applicable and both require probable cause to be present in order for a warrantless arrest to be valid. Probable cause has been held to signify 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.[15] | |||||
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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] | |||||