People v Exala; G.R. No. 76005; 23 Apr 1993; 221 SCRA 494

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A private jeep driven by accused-appellant was stopped at a police checkpoint for routine inspection regarding unlicensed firearms and other prohibited items. A member of the inspection team noticed a black leather bag with its sides bulging at the back of the jeep. He became suspicious after the three became fidgety when asked of the bag’s contents. Found inside were marijuana. The three were then charged, tried and found guilty.

Whether or not the warrantless search may be admitted was valid.

YES. Appellant never objected to the admissibility of the evidence on the ground that the same was obtained in a warrantless search. Consequently, he is deemed to have waived his objection on the legality of the search and the admissibility of the evidence obtained in the course thereof. In view of such waiver, the court is bound to admit the evidence.

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