People v Catan; G.R. No. 92928; 21 Jan 1992; 205 SCRA 235

FACTS:
A team of operatives rushed inside appellant’s house to arrest him after a “buy-bust” operation and conducted a search of the premises in the presence of a barangay official, the house owner and appellant himself. The search yielded dried marijuana fruiting tops and seeds.

ISSUE(S):
Whether or not the arrest and search were valid.

RULING:
YES. Appellant was arrested in flagrante delicto in the act of selling and delivering marijuana to the poseur-buyers. The subsequent search of his house which immediately followed yielding other incriminating evidence, and which became the basis of his conviction for possession of a prohibited drug, was a search contemporaneously made and as an incident to a valid warrantless arrest in the immediate vicinity where the arrest was made. That is a recognized exception to the general rule that any search and seizure must be supported by a valid warrant.

Judgment appealed from is AFFIRMED in toto.

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Category: Legal Chyme

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