Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    Oh Vs People

    Uploaded by

    Hafeeda Cadalay
    elvira yu oh vs people

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Oh Vs People

    Uploaded by

    Hafeeda Cadalay
    6 views2 pages
    elvira yu oh vs people

    Original Title

    oh vs people

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    elvira yu oh vs people

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6 views2 pages

    Oh Vs People

    Uploaded by

    Hafeeda Cadalay
    elvira yu oh vs people

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    PEOPLE v. NORIEL LACERNA Y CORDERO, GR No.

    109250, 1997-09-05

    Facts:

    Police Officer 3 (PO3) Carlito P. Valenzuela, a member of the Mobile Patrol Division of the
    Western Police District (WPD), was assigned to man the checkpoint and patrol the area
    somewhere along the sidestreets of Radial Road near Moriones

    Street.

    appellant and co-accused, who were aboard a taxicab, passed by PO3 Valenzuela's place of
    assignment, which was then heavy with traffic, looking suspicious

    PO3 Valenzuela and his co-police officer asked permission to search the vehicle. As the
    occupants readily agreed, the police officers went about searching the luggages in the vehicle
    which consisted of a knapsack and a dark blue plastic grocery bag

    He found several blocks wrapped in newspaper, with the distinct smell of marijuana emanating
    from it. PO3 Valenzuela opened... one of the boxes and saw dried marijuana leaves. He told
    appellant and co-accused that the contents of the bag were marijuana, which co-accused
    readily affirmed.

    After seeing what the contents of the blocks were, the specimens (Exhs. 'B' to 'B-19) were
    brought to the National Bureau of Investigation (NBI) for further... examination

    Appellant sets up the defense of denial, alleging that the blue plastic bag was owned by his
    uncle who requested him to bring it to Iloilo. He also denied knowing that it contained
    marijuana.

    Issues:

    Was appellant's right against warrantless arrest and... seizure violated

    Ruling:

    Was appellant's right against warrantless arrest and... seizure violated?

    In the case at hand, however, probable cause is not evident... we hold that appellant and his
    baggage were validly searched, not because he was caught in flagrante delicto, but because he
    freely consented to the search.

    True, appellant and his companion were stopped by PO3 Valenzuela on mere suspicion -- not
    probable cause --... that they were engaged in a felonious enterprise. But Valenzuela expressly
    sought appellant's permission for the search. Only after appellant agreed to have his person
    and baggage checked did the actual search commence

    It was his consent which validated the search, waiver being... a generally recognized exception
    to the rule against warrantless search

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy