People v Balingan; G.R. No. 105834; 13 Feb 1995; 241 SCRA 277

FACTS:
Upon receipt of an information that appellant was going to transport a bag filled with marijuana, a surveillance team was formed to monitor her movements. In the course of such surveillance, she was apprehended inside a bus and a bag containing bundles of marijuana flowering tops were confiscated.

ISSUE(S):
Whether or not the search done inside the bus and the consequent seizure of the marijuana flowering tops were illegal for the absence of a valid warrant.

RULING:
NO. The circumstances of the case clearly show that the search in question was made as regards a moving vehicle. Therefore, a valid warrant was not necessary to effect the search on appellant.

Conviction is AFFIRMED in toto.

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Category: Legal Chyme

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