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

in Legal Chyme by

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.

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.

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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